Tuesday, May 18, 2010

Sex Offenders Still At Congress's Mercy


In Adam Liptak's New York Times article Extended Civil Commitment of Sex Offenders is Upheld, Liptak discusses the United States v. Comstock ruling and how the Supreme Court ruled that Congress has the authority to allow the continued civil commitment of sex offenders until they have served out their criminal sentence. This is a major win for proponents of strong federal government. Members of pro-decentralization groups such as the Tea Party are raising up in arms against this decision, questioning the Supreme Court's broad interpretation of the resolution, wondering where in Article 1 Congress has been bestowed this authority. Those in favor of the decision point to the "necessary and proper clause" of the Constitution, found in Article 1, section 8.


Personally, I am in favor of the decision that the Supreme Court made. There is often a clear and present need for the further commitment of sex offenders, and it makes sense that their remaining time under their sentence would be spent in a mental hospital, receiving help, as opposed to in jail, which would not be a good reformative environment.

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