The legislative branch is home to the bicameral Congress: the Senate and the House of Representatives. The founders created this innovative branch of government to distribute power among the people through their representatives. Members of Congress are elected to represent their constituents interests on the national stage. The Constitution specifically grants Congress its most important power the authority to pass, repeal, and amend laws. Additional powers (listed in Article 1, Section 8 of the Constitution) are shared between the two houses. These include the power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish the federal courts and their jurisdictions. Additionally, Congress oversees executive branch performance and ensures responsible government affairs and spending. Congress as a Body with Enumerated Powers Previously, we developed our understanding of congressional power provided in the Constitution. Article I creates a Congress of enumerated powers and every law Congress enacts must be based on powers enumerated in the Constitution. In this assignment, you will analyze the powers of the two houses of Congress, such as expressed and implied powers. Furthermore, you will evaluate the constitutionality of the Gun-Free Schools Zones Act. Big Question How are the powers of Congress limited in the American constitutional government? In 1990, Congress passed the Gun-Free School Zones Act to reduce the threat of crime impacting American youth. The law made it illegal to knowingly possess a firearm in a location that the possessor should know is a school zone. This law was subject to judicial review in the case of United States v. Lopez. Alfonso Lopez Jr., a 12th-grade student at Edison High School in Texas, was convicted under federal law for carrying a concealed firearm into school. Lopez appealed to the Fifth Circuit Court of Appeals, claiming that the law was unconstitutional and that Congress overextended its power to legislate under the Commerce Clause (Article 1, Section 8, Clause 3). The clause details Congress's authority to regulate foreign commerce and interstate (state-to-state) commerce. The federal court of appeals agreed with Lopez and overturned his conviction. The federal government requested a judicial review of the appeal court's ruling. The government argued that regulating the possession of firearms close to and on school property is related to the Commerce Clause because of the substantial costs and repercussions associated with violent crimes. Furthermore, guns near schools adversely affect students' ability to succeed in their education and the nation's economy. In a 5-4 decision, the Supreme Court declared that the Gun-Free School Zone, twas unconstitutional as written. The majority decision cited the number of assumptions one would have to make to connect firearms in school zones with the impact on interstate commerce. In other words, if Congress could regulate something so far removed from interstate commerce, then it could regulate anything. However, because the Constitution explicitly creates Congress as a body with enumerated powers, they cannot have the power to regulate anything. The dissent cited that guns in or near schools would prevent citizens from completing their education and negatively impact the region's economic well-being by losing skilled labor. Congress approved a revised version of the law in 1995. The revised Gun-Free School Zone Law includes language limiting the illegal act to possessing firearms that have moved through or otherwise affect interstate commerce. The burden of proof to prove interstate commerce's involvement rests on the prosecution. The revised version of the Gun-Free School Zones Act is currently used and has been upheld several times. Instructions 1. Open the Congressional Power document (MS Word 18KB, opens in new window) and download a copy of the document to your computer (click the Download button). You will write an exploratory essay reflecting your analysis of the limitations of the powers of Congress by answering questions about United States v. Lopez. You will answer all questions for this assignment in the Congressional Power document. 2. Describe the background of the case: who were the parties involved, where and when the case took place, and other background information about the case. (at least one paragraph) 3. Discuss the argument presented by each of the parties involved. (at least one paragraph per party involved) To challenge his conviction, what argument did Lopez's defense present to the court? o What constitutional implications did the defense highlight in the case? o What was the counter-argument presented by the Federal government? o What constitutional issues did they bring up in the case? 4. Discuss the Supreme Court's ruling, its majority opinion including the justices involved, and the corresponding dissenting opinion of the opposing justices. (at least two paragraphs) 5. After analyzing the case, how does United States v. Lopez show the limitations of the powers of Congress? Did Congress have the power to pass the Gun Free School Zones Act? (one paragraph) 6. Include a bibliography using at least two sources in MLA or APA citation format. Use Easy Bib (opens in a new window) to help you create the citation. Congressional Power 6.4 Assignment: Limits of Congressional Power Directions Use the information provided in this assignment to provide a comprehensive answer to the following prompts. Use specific, concrete, and relevant details and examples from your research to support your answers. 1. Describe the background of the case: who were the parties involved, where and when the case took place, and other background information about the case. (at least one paragraph) 2. Describe the argument presented by each of the parties involved. (at least one paragraph per party involved) 3. Describe the Supreme Court's ruling, its majority opinion including the justices involved, and the corresponding dissenting opinion of the opposing justices. (at least two paragraphs) 4. Describe how United States v. Lopez showed the limitations of the powers of Congress. (one paragraph) 5. Include a bibliography using at least two sources in MLA or APA citation format.