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- Memorandum-Violence Against Women Act
- Violence Against Women Act
-
- 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.
- In the United States v. Lopez decision, The Supreme Court struck down the Gun
- Free School Zones Act. It's reasoning was that Congress had overstepped it's
- power to legislate interstate commerce. The Court decided that this act was
- not sufficiently grounded in interstate commerce for Congress to be allowed
- to pass it.
- The circumstances in this case are entirely different than in the case of
- Sara Benenson. For one thing, the Gun Free School Zones Act was not nearly as
- well based in the commerce clause as is our case. The Gun act said that
- violence in schools kept student from learning and therefore limited their
- future earning power. It also said that violence affected national insurance
- companies. These connections are tenuous at best and generally too long term
- to be considered. However, in the case of Mrs. Benenson, her inability to
- work and spend directly and immediately affected interstate commerce.
- Therefore, the Lopez decision should not have any part in the decision of
- this case.
- The Supreme Court, in McCulloch v. Maryland, gave Congress the right to make
- laws that are out of their strict Constitutional powers so as to be able to
- fulfill one of their Constitutional duties. In this case, the Court allowed
- the federal government to create a bank. There is no Constitutional right to
- do this and Maryland challenged the creation of this bank. The high court
- ruled that in order for Congress to be able to accomplish it's duties.
- The same logic should be applied here. The Violence Against Women Act is an
- example of Congress overstepping it's direct Constitutional rights so it can
- better regulate and facilitate interstate commerce. In order for Congress to
- legislate interstate commerce fairly, it must allow people to be able to work
- and spend as they should be able to. If a woman is afraid of being abused if
- she gets a job or spends money, it affects interstate commerce. Thus The
- Violence Against Women Act is Constitutionally based and necessary for
- interstate commerce.
- Violence against women is a terrible crime. It destroys women's self esteem,
- tears apart families, and destroys lives. Many times, it will lead to murder
- or other terrible crimes. What the Violence Against Women Act is trying to do
- is give women a weapon to protect themselves from violent spouses. Without
- this act, many women would be left incapable of getting any form of financial
- redress for the years of suffering and abuse they went through.
- It is wrong to deny women a tool to rebuild they're lives after an abusive
- relationship. The years of abuse they went through makes it hard if not
- impossible for them to get a job or work in an office. These women are afraid
- for the rest of their lives that if they make a mistake or displease the men
- around them, they will be beaten. This act allows women to get some means of
- getting money to live on while they rebuild their lives. It allows them to
- seek professional help if necessary. Without this act, women would be forced
- on welfare or worse. When this happens, it benefits no one.
- The Violence Against Women Act has a strong Constitutional basis in the
- commerce clause, despite what Andrew Benenson says. The Supreme Court has
- allowed many acts such as this to stand for the past fifty years. All the
- precedents of cases with similar circumstances are to allow the act to
- stand. Also, we cannot forget the human aspect of this case. This act is a
- tool for women to rebuild their shattered lives after an abusive
- relationship. To declare his act unconstitutional would be both legally and
- morally wrong.
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