!!!first time fed law uncons under commerce clause sine 1936!!!a. Rule/TEST: to be within Congress’ s power under the Commerce Clause, a federal law must either (Lopez):
1. Regulate the channels of interstate commerce - Example, ferries, interstate travelers
2. Regulate the instrumentalities of interstate commerce and persons and
things in interstate commerce; or
3. Regulate activities that have a substantial effect on interstate commerce.
Court can look at 1) if statute is economic or non-economic in nature [Most Important] 2) Jurisdictional requirement (or lack thereof) 3) Congressional findings (or lack thereof) [next case suggests congressional findings are not that helping in getting law upheld]
Can’t uphold Act b/c it is a criminal statute that has nothing to do with commerce, not essential part of economic regulations - Implication of gov argument (impact on economic activity and preventing to violent crimes) is no limit to fed power
Stevens - That guns are articles of commerce
Souter and Breyer
Accuse the majority of judicial activism b/c invalidating act from political branch. Want the question to be (as it has in the past) is there a rational basis/ reasonable adapted means test"
-Want "sufficient" effect not "substantial"