Latest Breaking News
In reply to the discussion: Federal judge finds female genital mutilation law unconstitutional [View all]The Velveteen Ocelot
(115,674 posts)The federal statute was declared unconstitutional under the Commerce Clause, not because the judge thinks FGM is a good thing, or even an acceptable thing, but because there was found to be no significant effect on interstate commerce arising from this particular crime. That's why most crimes are based on state rather than federal law; there has to be some kind of nexus with interstate commerce or some other specifically stated, pervasive federal interest. The decision had nothing to do with the substantive elements of the crime. If the judge had ruled otherwise he would have been wrong on the law.
The statute was poorly drafted. If Congress wants to do it right they can amend it to include language stating that it applies in all cases where a person is transported across state lines for the purpose of accomplishing the crime, or words to that effect. Then it would be constitutional, but it wouldn't apply to any cases that were completely intrastate. Those cases would have to be prosecuted under state law.