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Basic Constitutional Concepts
Free School Zones Act of 1990 exceeded Congress’s authority, said the
Justices, because gun possession in itself did not necessarily affect interstate commerce. The Lopez case is the first instance since 1937 in which
the Supreme Court has overturned a Federal statute on the ground that
Congress exceeded its powers under the Commerce Clause.
Similarly, in Printz v. United States (1997) the Court struck down a provision of the Brady Gun Control Act which forced local law enforcement
officials to conduct background checks on potential gun purchasers. Citing New York v. United States (1992), which held that Congress cannot
compel the States to enact or enforce a Federal regulatory program, the
Court asserted that Congress may not circumvent that prohibition by enlisting State officials directly. ‘‘Our constitutional system of dual sovereignty,’’ said the Court, ‘‘is fundamentally incompa ѥ