SUPREME COURT ENDS FEDERAL POLICE POWER
MENUThe Supreme Court ruled in United States v. Lopez, No. 93-1260, 115 S. Ct. 1624, 131 L. Ed. 2d 626, handed down regarding a Texas firearms case, that "The federal government has nothing approaching a police power" to exercise in the States of the Union. This case is HUGE. It virtually destroys, overnight, the Federal Government's ability to lawfully enforce in the States, practically everything. It properly recognizes and re-establishes the basic (but forgotten) priciple of law regarding jurisdiction, both over subject matter, and territory.
United States v. Lopez (the entire case)
Since the States of the Union ALL have their own sovereign governments, separate, and not under the control, of the Federal Government, the Federal government cannot show the territorial (exclusive OR shared) jurisdiction necessary to press criminal charges (for anything) in association with alleged crimes committed on land within a State of the Union, not under Federal control (enclaves, military bases, Federal building leases, etc.) (The only crimes authorized in the Constitution for Federal prosecution are Treason, Piracy and Counterfeit.)
The Interstate Commerce Act does not apply to activities that do not involve more than one State, so the Federal Government cannot claim any legal right to interfere with ANY activity on State (or private) land, in any State in the Nation. It is up to the State, and State law, to address those issues.
The Lopez Decision
Motion To Dismiss for Lack of Territorial Jurisdiction
Last Update: 05/17/97
Web Author: The Disciples of Truth
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