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Criminal Law
: Sex Offender IssuesConsistency is the hobgoblin
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Original Article
01/02/2011
By Corey Rayburn Yung
Federal judiciary - Contradictions in interpreting the Constitution cannot be explained with reasonable distinction.
U.S. District Court Judge Henry E. Hudson recently faced the question of whether a federal statute that punished a person's inaction was within Congress' constitutional power.
The federal judge wrote that he could uphold the law if it was "reasonably adapted" to achieving a proper goal of the federal government. Ultimately, because the statute in question was part of a "comprehensive" policy that "would be severely hampered" without its enforcement provision, he held the statute to be "a valid exercise of Congress's authority."
Of course, I am not referring to Hudson's well-known opinion issued on earlier this month regarding the health care reform legislation, which he held to be unconstitutional...continue to full postFull post as published by Sex Offender Issues on January 02, 2011 (boomark / email).
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