United States v. Comstock
Encyclopedia
United States v. Comstock, 560 U.S. ___ (2010) was a decision by the Supreme Court of the United States
, which ruled that the federal government
has authority under the Necessary and Proper Clause to require the civil commitment
of individuals already in Federal custody. The practice, introduced by the Adam Walsh Child Protection and Safety Act
, was upheld against a challenge that it fell outside the enumerated powers
granted to Congress
by the Constitution
. The decision did not rule on any other aspect of the law's constitutionality, because only the particular issue of Congressional authority was properly before the Court.
, Attorney General Alberto R. Gonzales certified that Mr. Comstock was a sexually dangerous person. The law that Attorney General Gonzales was applying was ruled unconstitutional by lower courts on the grounds it exceeded Congress’s constitutional authority.
Argued in January 2010 by Solicitor General Elena Kagan
, the United States' position was that the "necessary and proper" clause gave Congress the power to enact the law.
delivered the opinion of the Court, that the "necessary and proper" clause permitted Congress to enact such a provision. John Roberts, and John Paul Stevens, Ruth Bader Ginsburg, and Sonia Sotomayor joined Breyer's opinion. Anthony Kennedy and Samuel Alito filed opinions concurring in the judgment. Clarence Thomas filed a dissenting opinion in which Antonin Scalia joined in all but Part III– A–1–b.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
, which ruled that the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
has authority under the Necessary and Proper Clause to require the civil commitment
Involuntary commitment
Involuntary commitment or civil commitment is a legal process through which an individual with symptoms of severe mental illness is court-ordered into treatment in a hospital or in the community ....
of individuals already in Federal custody. The practice, introduced by the Adam Walsh Child Protection and Safety Act
Adam Walsh Child Protection and Safety Act
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers and mandates that Tier 3 offenders update their whereabouts every three months with lifetime...
, was upheld against a challenge that it fell outside the enumerated powers
Enumerated powers
The enumerated powers are a list of items found in Article I, section 8 of the US Constitution that set forth the authoritative capacity of the United States Congress. In summary, Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of...
granted to Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
by the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. The decision did not rule on any other aspect of the law's constitutionality, because only the particular issue of Congressional authority was properly before the Court.
Background
Six days before Graydon Comstock was to have completed a 37-month sentence for receiving child pornographyChild pornography
Child pornography refers to images or films and, in some cases, writings depicting sexually explicit activities involving a child...
, Attorney General Alberto R. Gonzales certified that Mr. Comstock was a sexually dangerous person. The law that Attorney General Gonzales was applying was ruled unconstitutional by lower courts on the grounds it exceeded Congress’s constitutional authority.
Argued in January 2010 by Solicitor General Elena Kagan
Elena Kagan
Elena Kagan is an Associate Justice of the Supreme Court of the United States, serving since August 7, 2010. Kagan is the Court's 112th justice and fourth female justice....
, the United States' position was that the "necessary and proper" clause gave Congress the power to enact the law.
Decision
Stephen BreyerStephen Breyer
Stephen Gerald Breyer is an Associate Justice of the U.S. Supreme Court. Appointed by President Bill Clinton in 1994, and known for his pragmatic approach to constitutional law, Breyer is generally associated with the more liberal side of the Court....
delivered the opinion of the Court, that the "necessary and proper" clause permitted Congress to enact such a provision. John Roberts, and John Paul Stevens, Ruth Bader Ginsburg, and Sonia Sotomayor joined Breyer's opinion. Anthony Kennedy and Samuel Alito filed opinions concurring in the judgment. Clarence Thomas filed a dissenting opinion in which Antonin Scalia joined in all but Part III– A–1–b.
Five considerations
The Court said: "We base this conclusion on five considerations, taken together." The five considerations are as follows. First, the Necessary and Proper Clause grants Congress broad power to enact laws that are "rationally related" and "reasonably adapted" to executing the other enumerated powers. Second, the statute at issue "constitutes a modest addition" to related statutes that have existed for many decades. Third, the statute in question reasonably extends longstanding policy. Fourth, the statute properly accounts for state interests, by ending the federal government's role "with respect to an individual covered by the statute" whenever a state requests. Fifth, the statute is narrowly tailored to only address the legitimate federal interest.See also
- United States federal laws governing defendants with mental diseases or defectsUnited States federal laws governing defendants with mental diseases or defectsUnited States federal laws governing offenders with mental diseases or defects provide for the evaluation and handling of defendants who are suspected of having mental diseases or defects...
- Adam Walsh Child Protection and Safety ActAdam Walsh Child Protection and Safety ActThe Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by U.S. President George W. Bush on July 27, 2006. The Walsh Act organizes sex offenders into three tiers and mandates that Tier 3 offenders update their whereabouts every three months with lifetime...
- Kansas v. HendricksKansas v. HendricksKansas v. Hendricks is a case in which U.S. Supreme Court set forth procedures for the indefinite civil commitment of prisoners convicted of a sex offense whom the state deems dangerous due to a mental abnormality.-Fact of case:...
and Kansas v. CraneKansas v. CraneKansas v. Crane, is a United States Supreme Court case in which the Court upheld the Kansas Sexually Violent Predator Act as consistent with substantive due process. The Court clarified that its earlier holding in Kansas v...