Congress's Foreign Commerce Clause Power Questioned [June 23, 2022]   [open pdf - 715KB]

From the Document: "On May 5, 2022, a divided panel of the U.S. Court of Appeals for the Sixth Circuit (the panel) held [hyperlink] that the federal sex tourism statute, 18 U.S.C. [United States Code] § 2423(c) [hyperlink], outlawing overseas child molestation, exceeds Congress's legislative authority under the Constitution's Foreign Commerce Clause, but remains viable under treaty-implementing constitutional provisions. The opinion is at odds with those of other federal appellate decisions. It is also cast in language that invites the Supreme Court to revisit its treaty-implementing and Interstate Commerce Clause 'substantial effect' jurisprudence."