602
Stevens, J., dissenting
Unless the dissenting Justices are willing to repudiate our long-held understanding of the limited nature of federal power, I would think that they, too, must be willing to reconsider the substantial effects test in a future case. If we wish to be true to a Constitution that does not cede a police power to the Federal Government, our Commerce Clause's boundaries simply cannot be "defined" as being " 'commensurate with the national needs' " or self-consciously intended to let the Federal Government " 'defend itself against economic forces that Congress decrees inimical or destructive of the national economy.' " See post, at 625 (Breyer, J., dissenting) (quoting North American Co. v. SEC, 327 U. S., at 705). Such a formulation of federal power is no test at all: It is a blank check.
At an appropriate juncture, I think we must modify our Commerce Clause jurisprudence. Today, it is easy enough to say that the Clause certainly does not empower Congress to ban gun possession within 1,000 feet of a school.
Justice Stevens, dissenting.
The welfare of our future "Commerce with foreign Nations, and among the several States," U. S. Const., Art. I, § 8, cl. 3, is vitally dependent on the character of the education of our children. I therefore agree entirely with Justice Breyer's explanation of why Congress has ample power to prohibit the possession of firearms in or near schools—just as it may protect the school environment from harms posed by controlled substances such as asbestos or alcohol. I also agree with Justice Souter's exposition of the radical character of the Court's holding and its kinship with the discredited, pre-Depression version of substantive due process. Cf. Dolan v. City of Tigard, 512 U. S. 374, 405-411 (1994) (Stevens, J., dissenting). I believe, however, that the Court's extraordinary decision merits this additional comment.
Guns are both articles of commerce and articles that can be used to restrain commerce. Their possession is the con-
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