Political Science Pol Sci 3403 Lecture Notes - Lecture 17: Adam Walsh Child Protection And Safety Act, Involuntary Commitment, Enumerated Powers
12 Jun 2016
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Opponents claim that congress didn"t have the power to pass the law in the first place: argument in favor (5 step argument presented by elaine kagin solicitor. To exercise enumerated powers congress can create federal crimes d. ii. From the power to criminalize congress can punish d. iii. From the power to punish congress can imprison d. iv. From the power to imprison congress can create rules regulating prisons d. v. From the power to regulate congress can ensure prisoners not released irresponsibly: congressional investigations, some argue that the power to investigate is an inherent power a. i. Inherent power not a power specifically listed in the constitution, but the congress needs it in order to function properly: some argue that the power to investigate is an implied power b. i. Court has looked at 3 questions: c. i. Only ones that have legislative purposes c. ii. Congress is a legislative body, not a judicial body.
