Congressional Policing through Commerce

Congress often uses the Commerce Clause to justify its enactment of federal criminal law. How does that sit with you?

Dear Readers,

One of the most frequent starting points for Congress-generated federal criminal law is the Commerce Clause. This is true of Sex Offender Registration and Notification Act (SORNA). Congress and SCOTUS have deemed much of SORNA constitutional by connecting it to the Commerce Clause. As you read through, think about whether this makes sense t…