What was the central constitutional issue in United States v. Lopez (1995)?

• A. The scope of the Commerce Clause power.
• B. The Establishment Clause.
• C. The Free Speech Clause.
• D. The Due Process Clause.

Answer: (A)

This question tests the scope of Congress's power under the Commerce Clause. United States v. Lopez asked whether Congress could use the Gun-Free School Zones Act to criminalize possession of a gun in a school zone. The Supreme Court said no, because simply possessing a gun in a non-economic, local setting does not constitute an activity that substantially affects interstate commerce. The majority clarified that the Commerce Clause covers three broad areas: channels of interstate commerce, instrumentalities of interstate commerce, and activities with a substantial effect on interstate commerce. The Gun-Free School Zones Act did not fit into any of these categories, so it exceeded Congress’s power. This case thus established a limit on the reach of the Commerce Clause, distinguishing it from situations where federal regulation can be justified as connected to interstate commerce. The other constitutional provisions listed—Establishment Clause, Free Speech Clause, and Due Process Clause—address different protections and were not the issue in this case.