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Article: The amended Gun-Free School Zones Act: Doubt as to its constitutionality remains.
- Article from:
- Duke Law Journal
- Article date:
- November 1, 2000
- Author:
CopyrightCOPYRIGHT 2000 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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The judicial decision making contemplated by the Constitution ... unlike at least the politics of the moment, emphatically is not a function of labels. If it were, the Supreme Court assuredly would not have struck down the "Gun-Free School Zones Act," the "Religious Freedom Restoration Act," the "Civil Rights Act of 1871," or the "Civil Rights Act of 1875." And if it ever becomes such, we will have ceased to be a society of law, and all the codification of freedom in the world will be to little avail.(1)
In United States v. Lopez,(2) the Supreme Court declared the Gun-Free School Zones Act of 1990 (GFSZA) an unconstitutional exercise of Congress's Commerce Clause ...