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People v. Madera (Part II)

By Corey Rayburnyung

Yesterday, I covered the Appellant's brief.  Today I cover the government's response to the commerce clause argument.  The government spends substantially more time on the commerce clause issue, so I will only excerpt key portions below.Madera concedes that 18 U.S.C. § 2250 includes an express jurisdictional element that requires travel in interstate commerce, but nevertheless argues that Congress exceeded its Commerce Clause power in enacting section 2250 because section 2250 assertedly ?fails to establish a constitutionally sufficient relationship to the regulation of interstate commerce.? Madera?s brief at 41. Every district court that has considered this argument has rejected it, see Appendix A, infra. This Court should do the same...continue to full post

Full post as published by Sex Crimes on March 18, 2008 (boomark / email).