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Difficulty: EasyMcCulloch v. Maryland and United States v. Lopez

Suppose Congress passes a law making it a federal crime to litter within 500 feet of a local municipal park, arguing that the legislation is a valid exercise of its authority under the Commerce Clause. Which of the following Supreme Court cases would be the most relevant precedent for a state challenging the constitutionality of this law?

  1. United States v. LopezAnswer
  2. B
    McCulloch v. Maryland
  3. C
    Marbury v. Madison
  4. D
    Citizens United v. Federal Election Commission

Answer

United States v. Lopez is the most relevant precedent because it established limits on congressional authority under the Commerce Clause when regulating non-economic, local activities.
The correct option is United States v. Lopez. In this case, the Supreme Court ruled that Congress exceeded its power under the Commerce Clause by enacting a federal statute regulating local, non-economic activities (specifically, carrying a gun in a school zone) that do not substantially affect interstate commerce. A state challenging a federal ban on littering near local parks would use this decision to argue that littering is a purely local, non-economic activity beyond the scope of federal commerce power.

Step-by-Step Solution

1
Analyze the federal law in the scenario.
The law regulates a local, non-economic activity (littering near municipal parks) using the Commerce Clause as its constitutional justification.
This identifies the constitutional clause and the nature of the regulation being challenged.
2
Evaluate the precedent established in United States v. Lopez (1995).
In United States v. Lopez, the Supreme Court ruled that the Gun-Free School Zones Act exceeded congressional authority under the Commerce Clause because carrying a gun in a school zone is not an economic activity and does not substantially affect interstate commerce.
This establishes the legal standard for limiting federal commerce power over local, non-economic activities.
3
Apply the precedent to the scenario.
Just like carrying a firearm in a school zone, littering near a local park is a local, non-economic activity. Therefore, United States v. Lopez is the most appropriate precedent to challenge the law.
This connects the scenario's facts to the legal holding of the correct case.

Key Concept

The limitations of congressional power under the Commerce Clause as established by United States v. Lopez.
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Topics

McCulloch v. Maryland and United States v. Lopez

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