Members of the United States Congress are concerned about encampments of homeless, or unhoused, people in many major American cities, near elementary schools. The federal government passes the "Elementary Schools Protection Act." The law prohibits homeless encampments within 100 feet of the entrance to an elementary school and prohibits anyone persons from using a tent that would impede entry into an elementary school. The State of California sues the federal government and argues that the federal government lacks the legal authority under the U.S. Constitution to pass the law.

Using concepts we studied in the class, (1) name and describe the clause of the U.S. Constitution upon which the federal government might be able to use to defeat the State of California's argument and (2) discuss the likelihood that the State of California will prevail in the lawsuit.