РефератыИностранный языкViViolence Against Women Act Essay Research Paper

Violence Against Women Act Essay Research Paper

Violence Against Women Act Essay, Research Paper


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 thereforeConstitutional. 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 Schoo

l 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.


33b

Сохранить в соц. сетях:
Обсуждение:
comments powered by Disqus

Название реферата: Violence Against Women Act Essay Research Paper

Слов:1154
Символов:7631
Размер:14.90 Кб.