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Federal Appeals Court Overturns Lower-Court Rulings that Found Sex Offender Registation Act Unconstitutional

By Ron Chapman

          In the two cases of United States of America vs. Powers and United States of America vs. Buckius, both Mr. Powers and Mr. Buckius were indicted for failing to register as sex offenders as required by the Sex Offender Registration and Notification Act (otherwise known as "SORNA").  After being indicted, both defendants filed motions asking a United States District Judge from the Middle District of Florida to dismiss the charge of failing to register as a sex offender on the ground that SORNA was unconstitutional.  Both defendants argued that SORNA was unconstitutional because it violated the Commerce Clause of the U.S. Constitution insofar as SORNA did not regulate activities that substantially affected interstate commerce and thus was beyond the scope of Congress's power under the Commerce Clause...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on April 05, 2009 (boomark / email).