Q: Where does Congress get its constitutional authority to pass federal criminal and civil laws? Congress has the enumerate
authority to pass criminal laws when crimes happen on federal territory, on the high seas, relating to piracy, and in the military. Most say Congress can make criminal and civil laws using Clause 3 of Article I Section 8 of the Constitution (regulating interstate commerce), but isn't the clause supposed to mean Congress can make laws regulating economics and businesses that cross state lines or multistate businesses and regulating foreign economics with the US? Shouldn't Congress' federal criminal and civil lawmaking authority come from Clause 9 (creating courts inferior to the Supreme Court) and make courts upholding criminal and civil laws passed by Congress? Would this give Congress a broad range of making criminal and civil laws? Should the necessary and proper Clause be used with Clause 9 when Congress passes criminal and civil laws? Should the interstate commerce Clause, creating courts Clause, and the necessary and proper Clause all be used when Congress creates those laws?
A: Good questions. Federal crimes are connected to interstate commerce. Commonly, federal criminal cases involve multiple defendants in multiple states. Guns used in crime came from somewhere, and usually not from the state where the crime occurred. For example, a gun may have been stolen from someone in Illinois or Indiana, and used in a crime in Michigan. Drugs often come from one state to another. Here in Michigan, I-94 is pretty much a thoroughfare of drugs coming to and from Chicago, Detroit, Canada, and various other points throughout Michigan, with participants in all those locations.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
