Question

Dissenting, Justice Breyer argued, "Education, although far more than a matter of economics, has long been inextricably intertwined with the Nation's economy…. Guns in the hands of six percent of inner-city high school students and gun-related violence throughout a city's schools must threaten the trade and commerce that those schools support." Is this a strong argument that the law is constitutional under the Commerce Clause? Why or why not?

Answer 1

Answer:

This is a strong argument about the state's responsibility in education, but it is not a strong argument that the law is constitutional under the Trade Clause.

Explanation:

In fact, the law is constitutional on the trade clause, but the argument presented above does not refer to this.

The trade clause states that the congress has the power to regulate and manage trade in relation to foreign trade, between states and with indigenous people. However, the above argument represents a reinforcement of the government's responsibility, including congress, to maintain an efficient and safe education, otherwise the trade may be affected.