United States v. Lopez

Table of Contents

United States v. Lopez
Overview
Context
About the Author
Explanation and Analysis of the Document
Impact
Document Text

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Abstract

As a new conservative justice on the liberal Court presided over by Chief Justice Warren Burger, William Rehnquist was often the Court’s lone voice of dissent. This willingness to disagree with the majority was nowhere more in evidence than in Roe v. Wade, the landmark 1973 case that struck down state laws outlawing abortion. Throughout his career, Rehnquist resisted efforts of the Court to expand federal powers—as he did in 1995 in United States v. Lopez, a case that reviewed the constitutionality of the Gun- Free School Zones Act of 1990, which made it a federal offense to carry a gun onto school property. When he could, Rehnquist defended the rights of the states against the imposition of federal power. Here he rejected the law because it gave general police power to the federal government, thus usurping the power of the states. Stephen Breyer, John Paul Stevens, and David Souter issued separate dissenting opinions and were joined in opposition by Ruth Bader Ginsburg.

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