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Constitutional Law Keyed to Choper
United States v. Comstock
Citation:
560 U.S. 126 (2010)Facts
In 2006, Congress enacted the Adam Walsh Child Protection and Safety Act, which included a provision (18 U.S.C. § 4248) authorizing federal authorities to civilly commit “sexually dangerous” individuals in federal custody even after they had completed their prison sentences. Under this statute, if the government proves by clear and convincing evidence that a prisoner is sexually dangerous, a court may order continued detention in a federal facility until the person is no longer dangerous or a state assumes responsibility. Graydon Earl Comstock Jr. and several other federal prisoners who were kept in custody under this provision after completing their sentences challenged the constitutionality of the law, arguing that Congress lacked authority to enact such legislation under its enumerated powers.
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