Violence Against Women Act :: essays research papers

The Violence Against Women Act creates a right to be "free from crimes of violence" that are gender motivated. It also gives a private civil right of action to the victims of these crimes. The Senate report attached to the act states that "Gender based crimes and fear of gender based crimes...reduces employment opportunities and consumer spending affecting interstate commerce." Sara Benenson has been abused by her husband, Andrew Benenson, since 1978. Because of this abuse, she sued her husband under various tort claims and violations under the Violence Against Women Act. Now Mr. Benenson is protesting the constitutionality of this act claiming that Congress has no right to pass a law that legislates for the common welfare. However, Congress has a clear Constitutional right to regulate interstate commerce. This act is based solely on interstate commerce and is therefore Constitutional. Because of abuse, Sara Benenson was afraid to get a job because it would anger her husband. She was afraid to go back to school and she was afraid to go shopping or spend any money on her own. All three of these things clearly interfere and affect interstate commerce. Women like Mrs. Benenson are the reason the act was passed. There has been a long history of judgements in favor of Congress's power to legislate using the commerce clause as a justification. For the past fifty years, Congress's right to interpret the commerce clause has been unchallenged by the Court with few exceptions. There is no rational reason for this court to go against the powerful precedents set by the Supreme court to allow Congress to use the Commerce clause. In the case of Katzenbach v. McClung, the Court upheld an act of Congress which was based on the commerce clause, that prohibited segregation. McClung, the owner of a barbeque that would not allow blacks to eat inside the restaurant, claimed that his business was completely intrastate. He stated that his business had little or no out of state business and was therefore not subject to the act passed by Congress because it could not legislate intrastate commerce. The Court however, decided that because the restaurant received some of it's food from out of state that it was involved in interstate commerce. The same logic should be applied in this case. Even though Sara Benenson's inability to work might not seem to affect interstate commerce, it will in some way as with McClung, thus making the act constitutional. The Supreme Court had decided that any connection with interstate commerce,as long as it has a rational basis, makes it possible for Congress to legislate it.