April 19, 2008...5:45 pm
Adam Walsh Act Declared Unconstitutional
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The district court for the Middle District of Florida dismissed an indictment under the Adam Walsh Act because Congress was unauthorized to enact the statute under the Interstate Commerce Clause. The case is United States v. Powers. Doubtful it would apply to Indian Country, but interesting nonetheless.
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May 10, 2008 at 11:27 pm
Back to the drawing board… Good thing in the legal environment, absolute endings aren’t always the case (e.g., “…declared unconstitutional…dismissed…indictment”).
~Arguments abound~
In this case, it appears that good intentions (Adam Walsh Act) just jumped the gun. Unfortunately, despite the fact that sex offenders have most likely, at one point in time (probably in their youth) been offended too, as adults, if good adult choices aren’t made, then individuals (sex offenders) must realize that adult repercussions will be the result of bad choices.
Even w/a snag in the road, with this particular case, my two cents: I think the snags will be worked out eventually and all states will have something in place that will work the way it’s supposed to.
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