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Questions Left Unanswered By Comstock

By Corey Rayburnyung

Although the U.S. Supreme Court definitively ruled that the federal government has the power under the Necessary and Proper Clause to keep "sexually dangerous persons" in custody after the expiration of their sentence, both the majority and dissenting opinions noted some issues left unresolved by the decision. From Justice Breyer's opinion:In resolving [the question presented], we assume, but we do not decide, that other provisions of the Constitution -- such as the Due Process Clause -- do not prohibit civil commitment in these circumstances. Cf. Hendricks, 521 U.S. 346; Addington v. Texas, 441 U.S. 418 (1979). In other words, we assume for argument's sake that the Federal Constitution would permit a State to enact this statute, and we ask solely whether the Federal Government, exercising its enumerated powers, may enact such a statute as well...continue to full post

Full post as published by Sex Crimes on May 19, 2010 (boomark / email).