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Because members of Congress, like the president and members of the Supreme Court, take an oath to uphold the Constitution, it is fair to ask whether congressmen are living up to their oath if they pass a law without considering their constitutional authority to enact it in the first place. In Lopez, the Court struck down the Gun-Free School Zones Act on grounds that it exceeded congressional authority under the clause. Because of Lopez and a few other cases, there are some limits to what Congress constitutionally may legislate.
Because members of Congress, like the president and members of the Supreme Court, take an oath to uphold the Constitution, it is fair to ask whether congressmen are living up to their oath if they pass a law without considering their constitutional authority to enact it in the first place. In Lopez, the Court struck down the Gun-Free School Zones Act on grounds that it exceeded congressional authority under the clause. Because of Lopez and a few other cases, there are some limits to what Congress constitutionally may legislate.
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