Tuesday, May 18, 2010

A National Crime

U.S v. Comstock, which the Supreme Court just handed down, states Congress has the power to order federal officials to hold "sexually dangerous" inmates after their prison term is over.

Now you may ask where the Constitution grants Congress the power to do this. In Article 1, Section 8 of the Constitution, I can't find anything that seems to cover it. You might think it's one of those powers not delegated to the federal government, but reserved to the States.

But it turns out Congress can do it, through the bootstrapped "necessary and proper" clause. In fact, using Justice Breyer's logic, it would seem Congress can go anywhere with criminal law and civil commitment.

I realize this is a losing battle. For years the Supreme Court has let Congress decide for itself what's necessary and proper. So I have to ask the seven Justices in the majority, are there any limits?

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