MT- Interstate Commerce Clause? Sex Offender? Part I

7-13-2008 Montana:

What is an Interstate Commerce Clause doing hanging out with a sex offender in Missoula, Montana? Or should I say trying to hang him? Not knowing about the clause, it's hard for me to say. But Chana, our gifted hostess here at The Constitution And The Law Group, presented me with this case report and asked my opinion.

Molloy: Sex offender registry rule unconstitutional

This is not an easy one. This case invovles a 58 year old convicted sex offender, charged with a misdemeanor sex crime in West Virginia who had travelled to Montana on several occasions and failed to register as a sex offender with the State of Montana, as required by federal law, in accordance with the Adam Walsh Act.

Although the offender was convicted of a misdemeanor sex act he was now facing a federal felony indictment in the Montana Distirct. The indictment was dismissed.

The judge, in a 44-page opinion cited, in part, that congress had "exceeded their authority under the Interstate Commerce Clause." I have to ask, did some law makers engage in some sort of frenzy when they apparently were confused over Webster's Dictionarie's definition of the word "commerce."

The dictionarie's definition: "Commerce, exchange of goods by barter or purchase; trade; intercourse."

The dictionarie's definition of intercourse: Intercourse, Reciprocal dealings between persons or nations; fellowship; familiararity; sexual connection.

Well, I know there was a sexual connection, the convicted man was charged with one, a misdemeanor sex offense. But, does that actually come under Interstate Commerce? Was I just born yesterday? Is it breaktime yet? I think I need to ask to be given one.

Well, that's about as far as I can go with this, right now. I'm going to have to look into this a little further. But, so far, I think there seems to be a little something screwy going on in paradise. Or should I use the phrase, once again, pair of dice? MMMMMMMMMMM!

Stay tuned for Part II. And goodnight from Carnegie Gather.com, (a joke)(laugh). ..News Source.. by Destin Tanero