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Difficulty: MediumConstitutional Allocations of Power and Federalism

To combat a national rise in local property crimes, Congress passes the National Residential Security Act, which makes it a federal crime to commit burglary within 1,000 feet of any public park. The federal government defends the law by arguing that burglary reduces local property values, which in turn reduces interstate migration and tourism. If a state challenges the constitutionality of this law, which of the following is the most likely ruling by the Supreme Court?

  1. A
    The Court will rule the law constitutional because the Supremacy Clause gives federal criminal statutes absolute authority over state police powers.
  2. B
    The Court will rule the law constitutional because the precedent established in McCulloch v. Maryland allows Congress to regulate local activities under its implied powers if they indirectly impact interstate tourism.
  3. The Court will rule the law unconstitutional because burglary is a local, non-economic activity that does not substantially affect interstate commerce.Answer
  4. D
    The Court will rule the law unconstitutional because the law violates the separation of powers by allowing Congress to override state laws, which is a check reserved for the federal judiciary.

Answer

The Court will rule the law unconstitutional because burglary is a local, non-economic activity that does not substantially affect interstate commerce.
The correct answer is correct because the Supreme Court established in United States v. Lopez (1995) that Congress cannot use the Commerce Clause to regulate local, non-economic activities that do not have a substantial effect on interstate commerce. Burglary near a park is a local criminal matter traditionally regulated by state police powers under the Tenth Amendment. Accepting the government's argument that local crime indirectly affects interstate migration or tourism would grant Congress a general police power, which the Constitution denies the federal government.

Step-by-Step Solution

1
Analyze the facts of the scenario to identify the type of power Congress is attempting to exercise and the constitutional basis of the challenge.
Congress is passing a criminal statute regulating local burglary and justifying it under the Commerce Clause. The challenge is based on federalism and the division of powers between federal and state governments.
To determine which constitutional principles and Supreme Court precedents apply to the scenario.
2
Compare the scenario to key federalism Supreme Court precedents, specifically McCulloch v. Maryland (1819) and United States v. Lopez (1995).
In United States v. Lopez (1995), the Court ruled that Congress exceeded its Commerce Clause authority by passing a federal law prohibiting gun possession in school zones, as this was a local, non-economic activity. In contrast, McCulloch v. Maryland (1819) established that the federal government has broad implied powers and that states cannot tax valid federal operations.
To apply the correct precedent to a federal regulation of local crime justified by indirect economic effects.
3
Evaluate the constitutionality of the federal statute based on the Lopez precedent.
Like the Gun-Free School Zones Act, the burglary statute regulates a local, non-economic activity. The government's justification (that burglary affects property values, which affects tourism) is too remote and relies on a chain of inferences that would effectively grant Congress general police powers. Therefore, the Supreme Court is most likely to rule the law unconstitutional.
To determine the final constitutional ruling and select the correct option.

Key Concept

Constitutional Allocations of Power and Federalism
Estimated Time:1m 30s
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Topics

Constitutional Allocations of Power and Federalism

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