Thursday, March 28, 2019
Violence Against Women Act :: essays research papers
The force play Against Women Act creates a right to be "free from crimes ofviolence" that are sex snatchivity motivated. It also gives a private civil right of save to the victims of these crimes. The Senate report attached to the comprisestates that "Gender based crimes and fear of gender based crimes...reducesemployment opportunities and consumer spending equaling interstate physician."      Sara Benenson has been abused by her husband, Andrew Benenson, since 1978.Because of this abuse, she sued her husband under various tort claims andviolations under the Violence Against Women Act. instanter Mr. Benenson isprotesting the constitutionality of this act claiming that coitus has noright to pass a practice of law that legislates for the common welfare.     However, Congress has a clear Constitutional right to queer interstatecommerce. This act is based solely on interstate commerce and is there foreConstitutional. Because of abuse, Sara Benenson was shocked to get a jobbecause it would anger her husband. She was afraid to go back to school andshe was afraid to go shopping or spend any money on her own. All three ofthese things clear interfere and affect interstate commerce. Women likeMrs. Benenson are the reason the act was passed.     There has been a long history of judgements in favor of Congresss spring tolegislate using the commerce clause as a justification. For the then(prenominal) fiftyyears, Congresss right to interpret the commerce clause has beenunchallenged by the Court with few exceptions. There is no rational reasonfor this judiciary to go against the powerful precedents set by the Supreme courtto sanction Congress to use the Commerce clause.     In the case of Katzenbach v. McClung, the Court upheld an act of Congresswhich was based on the commerce clause, that prohibited segregation. McClung,the owner of a barbe que that would not allow blacks to eat inside the eating place, claimed that his business was all told intrastate. He statedthat his business had little or no break through of state business and was thereforenot subject to the act passed by Congress because it could not legislateintrastate commerce. The Court however, decided that because the restaurantreceived some of its food from out of state that it was involved ininterstate commerce.     The same logic should be applied in this case. as yet though Sara Benensonsinability to work might not seem to affect interstate commerce, it will insome way as with McClung, therefrom making the act constitutional. The SupremeCourt had decided that any club with interstate commerce,as long as ithas a rational basis, makes it possible for Congress to legislate it.