Constitutional Law Keyed to Brest
Bond v. United States
Congress enacted the Chemical Weapons Convention Implementation Act of 1988 as a means of implementing the Convention on the Prohibition of the Development, Production, Stockpiling, and Use of Chemical Weapons and on Their Destruction. One portion of the statute made it illegal to knowingly possess or use a chemical weapon. Chemical weapons were defined as a toxic chemical not used for a peaceful purpose related to industry, agriculture, research, medicine, or pharmaceuticals. Defendant spread two toxic chemicals on the car, mailbox, and doorknob of a woman with whom her husband had had an affair in an effort to cause the woman to develop a rash. The woman received a minor chemical burn but was otherwise unharmed. Defendant was prosecuted in federal court for violating the Act. Defendant moved to dismiss the chemical weapon charges on the grounds that the Act exceeded Congress’s authority. The Supreme Court heard the appeal. (The remainder of the procedural posture is omitted from the casebook).
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