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Sexism World Health Organization infographic on female genital mutilation. Yesterday's federal district court decision striking down the federal law banning female genital mutilation may seem cruel or unfeeling. But it is nonetheless correct.
FGM is a terrible crime; one that deserves severe punishment.
But it is nonetheless an issue the Constitution leaves to the states - as is also the case with the punishment of many other awful crimes, include, rape, murder, and assault. The federal government offers multiple theories under Ucla creative writing minor this law is authorized by the Constitution.
Judge Bernard Friedman was nonetheless, right to reject them, though on one point he should have taken the analysis a bit further. Article I of the Constitution does not give Congress any general power to suppress crime or child abuse.
Therefore, the federal government tried to shoehorn the FGM ban into the Commerce Clause, which gives Congress the power to regulate interstate commerce. On first principles, it is pretty obvious that, at least in most cases, FGM is not a form of interstate commerce. It is generally performed within one state and often isn't even a commercial transaction.
However, misguided Supreme Court decisions have interpreted the Commerce Clause so broadly that they now allow Congress to regulate virtually any form of "economic activity," even if it is only performed within a single state, and even some forms of "noneconomic" activity, so long as banning it is part of a broader "regulatory scheme" aimed at an interstate market.
However, as Judge Friedman explains, the FGM ban does not fit even these broad criteria, and is also at odds with previous Supreme Court decisions, including United States v. Morrisonwhich make it clear that the Commerce Clause does not give Congress the power to ban local violent crime: FGM cannot, by any stretch of the imagination, be classified as an economic or commercial activity.
There is no suggestion that the procedure is done for money, aside from the unsupported comment made years ago by Senator [Paul] Wellstone. Nor is there any suggestion that this "service" is offered within anything approaching an established interstate market, as exists for illegal drugs and pornography.
Committing FGM is comparable to possessing a gun at school, i. Nor can the Court distinguish FGM from gender-motivated crimes of violence, which the Supreme Court noted in Morrison "are not, in any sense of the phrase, economic activity.
Even assuming that FGM is a wide-spread practice within the United States a fact the government has not establishedit cannot be as wide-spread as violence against women.
If, as the Supreme Court found in Morrison, rape and other forms of sexual assault against women are not economic or commercial activity, and therefore not part of an interstate market, no different conclusion can be reached concerning FGM, which is another form of gender-related violence.
If Congress does not have a general power to forbid violence against women or other violent crime - such as rape and murder - it also does not have the power to ban FGM. Like other crime, FGM, of course, has some effect on interstate commerce. But if the Commerce Clause gave Congress the power to forbid any activity that affects interstate commerce in some way, it would have the power to ban virtually anything, as almost any type of human behavior has some effect on what people buy, sell, or transport in interstate trade.
And if the Clause really did Congress that kind of virtually unrestricted authority, there would be no need for many of the other enumerated powers of Congress, since the Commerce Clause would be enough to give the federal government the power to ban or regulate pretty much anything it wants.
For example, there would be no need for the government to have the power to make rules for the "government and regulation" of the armed forces, or the power to regulate and organize state militiassince the activities of both federal and state armed forces surely have an impact on interstate commerce a far larger one than FGM, in fact.Dareen Tatour has been charged with incitement to violence based on a poem posted to Youtube.
She is one of over Palestinians arrested in the last year for their expressions of resistance to the Israeli Occupation over social media. Dartmouth Writing Program support materials - including development of argument. Fundamentals of Critical Reading and Effective Writing.
Mind Mirror Projects: A Tool for Integrating Critical Thinking into the English Language Classroom (), by Tully, in English Teaching Forum, State Department, Number 1 Critical Thinking Across the Curriculum Project, Metropolitan Community College. Some people go to film school to learn the latest about degree fly cams and head-mounted display systems.
Others go to study the esoterics of film history and theory (usually at No. 10 Wesleyan). The University of California, Los Angeles (UCLA), is a public research university in the Westwood district of Los Angeles, United States. It became the Southern Branch of the University of California in , making it the second-oldest (after UC Berkeley) undergraduate campus of the campus University of California system.
It offers undergraduate and graduate degree programs in a wide. Get the latest sports news from grupobittia.com Hey. Thank you to those who asked.
This space went dark for three months, for two reasons. For twelve years I’ve committed to writing here at least by the month, but this fall was so huge.