This thread says SCOTUS struck down a 4th Circuit decision that the federal government exceeded its authority since it exercised an unenumerated power. SCOTUS then says that the Feds have the power under the Necessary and Proper Clause....yet this article never mentions what enumerated power SCOTUS said that this is necessary and proper for executing. Does anyone know? Where do the feds get the jurisdiction to regulate sexual predators? The Commerce Clause?
“Where do the feds get the jurisdiction to regulate sexual predators?”
According to the decision they have jurisdiction over federal prisoners, and so can civilly commit them. Apparently this has been law since 1949 in the case of mental illness.
Here are the opinions:
http://www.law.cornell.edu/supct/html/08-1224.ZO.html
http://www.law.cornell.edu/supct/html/08-1224.ZC.html
http://www.law.cornell.edu/supct/html/08-1224.ZC1.html
http://www.law.cornell.edu/supct/html/08-1224.ZD.html
Breyer, Kennedy, Alito, and Thomas in that order.
“Necessary and Proper” and “General Welfare” were not meant to be “powers” at all. These were limits on the enumerated powers. Roberts is “evolving”.