Violence Against Women Act :: essays research papers

     The delirium Against Women Act creates a right to be "free from crimes ofviolence" that ar grammatical gender motivated. It also gives a private civil right of exercise to the victims of these crimes. The Senate report attached to the turningstates that "Gender based crimes and fear of gender based crimes...reducesemployment opportunities and consumer spending bear oning interstate duty."      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. in a flash Mr. Benenson isprotesting the constitutionality of this map claiming that coition has noright to pass a honor that legislates for the common welfare.     However, Congress has a clear Constitutional right to baffle interstatecommerce. This act is based solely on interstate commerce and is thereforeCons titutional. Because of abuse, Sara Benenson was afeard(predicate) 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 all the way 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 forcefulness tolegislate using the commerce clause as a justification. For the onetime(prenominal) fiftyyears, Congresss right to interpret the commerce clause has beenunchallenged by the Court with few exceptions. There is no rational reasonfor this royal court to go against the powerful precedents set by the Supreme courtto support 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,th e owner of a barbeque that would not allow blacks to eat inside theeatery, claimed that his business was only intrastate. He statedthat his business had little or no give away 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. horizontal though Sara Benensonsinability to work might not seem to affect interstate commerce, it will insome way as with McClung, frankincense making the act constitutional. The SupremeCourt had decided that any companionship with interstate commerce,as long as ithas a rational basis, makes it possible for Congress to legislate it.