US v. Comstock [2010] Breyer

Question 1

A federal law allows a district court to civilly detain a mentally ill, sexually dangerous federal prisoner beyond the end of her sentence upon a showing by clear and convincing evidence that the inmate (1) “‘engaged or attempted to engage in sexually violent conduct or child molestation,” (2) currently “suffers from a serious mental illness, abnormality, or disorder,” and (3) is “sexually dangerous to others” as a result of the illness. 18 U.S.C. § 4248.

Answer 1

Comstock

Question 2

Why does Comstock not violate 10 amendment?

Answer 2

Statute provides that inmate is turned over to the state if the state will take her.

Question 3

Why did plaintiffs move to dismiss?
1.
2.
3.

Answer 3

1. Ex Post Facto laws
2. Double Jeopardy
3. 6 & 8 amendments

Question 4

Holding: “the Necessary and Proper Clause confers expansive power on Congress to enact legislation that is ______ or ________. “

Answer 4

Useful or convenient

Question 5

Holding: “Though Congress’s powers are limited and enumerated, the Necessary and Proper Clause gives Congress the ability to enact any law that is ______ related to the implementation of a constitutionally enumerated power. “

Answer 5

Rationally related

Question 6

______ Dissent: “the government does not indicate what enumerated power this law is meant to execute. Providing for the mentally ill and handling civil commitments falls within the states’ police powers. “

Answer 6

Thomas

Question 7

Why did Thomas dissent?

Answer 7

Gov. did not say what enumerated power had been rationally related to the N&P clause.