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Asked by: Xiaoyong Estrems
news and politics lawWhat type of situation in American federalism has often resulted in the act of preemption?
Also asked, which Supreme Court decision was the first time since the New Deal that the court limited the power of Congress under the Commerce Clause?
In the landmark decision in United States v. Lopez , for the first time in over 50 years the U.S. Supreme Court limits the powers of Congress under the commerce clause when it strikes down the 1990 Gun-Free School Zones Act.
Correspondingly, which Supreme Court decision was the first time since the New Deal?
That decision, United States v. Lopez, was the first time since the New Deal that the court found Congress to have exceeded its authority under the commerce clause. States' rights, as such, were not directly at issue either in the Lopez case or in the decision on Monday.
In the United States, examples of the concurrent powers shared by both the federal and state governments include the power to tax, build roads, establish bankruptcy laws, and to create lower courts.