This site is a developmental version of Wiki Law School. To go to the production site: www.wikilawschool.org
United States v. Comstock: Difference between revisions
From wikilawschool.net. Wiki Law School does not provide legal advice. For educational purposes only.
(Created page with "{{Infobox Case Brief |court=Supreme Court of the United States |date=May 2010 |case_treatment=No |facts=Adam Walsh Child Protection and Safety Act of 2006 (civil commitment pr...") |
Lost Student (talk | contribs) m (Text replacement - "|case_treatment=No " to "") |
||
| (5 intermediate revisions by one other user not shown) | |||
| Line 2: | Line 2: | ||
|court=Supreme Court of the United States | |court=Supreme Court of the United States | ||
|date=May 2010 | |date=May 2010 | ||
| | |appealed_from=4th Circuit | ||
|facts=Adam Walsh Child Protection and Safety Act of 2006 (civil commitment procedures) deprives convicted offenders of their civil rights, marginalizes them, and erects a legal societal barrier against them. This was known as <span style="background:magenta">"Civil death"</span> in the past centuries. | |facts=The Adam Walsh Child Protection and Safety Act of 2006 (civil commitment procedures) deprives convicted offenders of their civil rights, marginalizes them, and erects a legal societal barrier against them. This was known as <span style="background:magenta">"Civil death"</span> in the past centuries. | ||
Grayson Comstock, Jr. and 4 other men (plaintiffs) were imprisoned for sexual violence. The men were in a federal prison in the state of North Carolina. | Grayson Comstock, Jr. and 4 other men (plaintiffs) were imprisoned for sexual violence. The men were in a federal prison in the state of North Carolina. | ||
| Line 11: | Line 11: | ||
|issues=What powers are granted to [[Congress]] by the [[US Constitution]]? Which powers are enumerated? | |issues=What powers are granted to [[Congress]] by the [[US Constitution]]? Which powers are enumerated? | ||
How does the Elastic Clause ("necessary & proper clause") function to help Congress carry out enumerated powers? | How does the Elastic Clause ("[[Constitution_of_the_United_States#Necessary_and_Proper_Clause|necessary & proper clause]]") function to help Congress carry out enumerated powers? | ||
|arguments=Under the [[10th Amendment]], States reserve the un-enumerated powers of Congress. | |arguments=Under the [[10th Amendment]], States reserve the un-enumerated powers of Congress. | ||
|holding=The federal government has the power to order the civil commitment of inmates convicted of dangerous sex offenses after the conclusion of their prison sentences. | |||
|comments=Clarence Thomas dissented; he stated that the statute infringes on the police powers of the states. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.quimbee.com/cases/united-states-v-comstock | |link=https://www.quimbee.com/cases/united-states-v-comstock | ||
Latest revision as of 03:44, July 14, 2023
| United States v. Comstock | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | |
| Date decided | May 2010 |
| Appealed from | 4th Circuit |
Facts
The Adam Walsh Child Protection and Safety Act of 2006 (civil commitment procedures) deprives convicted offenders of their civil rights, marginalizes them, and erects a legal societal barrier against them. This was known as "Civil death" in the past centuries.
Grayson Comstock, Jr. and 4 other men (plaintiffs) were imprisoned for sexual violence. The men were in a federal prison in the state of North Carolina.Procedural History
The federal district court in North Carolina agreed that the prisoners should be free at the completion of their prison sentences in 2006.
The Court of Appeals agreed that the US Attorney General Alberto Gonzales was exceeding his power to force the men to civil commitment (involuntary hospitalization for mental illness).Issues
What powers are granted to Congress by the US Constitution? Which powers are enumerated?
How does the Elastic Clause ("necessary & proper clause") function to help Congress carry out enumerated powers?Arguments
Under the 10th Amendment, States reserve the un-enumerated powers of Congress.
Holding
The federal government has the power to order the civil commitment of inmates convicted of dangerous sex offenses after the conclusion of their prison sentences.
Comments
Clarence Thomas dissented; he stated that the statute infringes on the police powers of the states.
