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United States v. Comstock
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United States v. Comstock : ウィキペディア英語版
United States v. Comstock

''United States v. Comstock'', , was a decision by the Supreme Court of the United States, which held that the federal government has authority under the Necessary and Proper Clause to require the civil commitment of individuals already in Federal custody.〔JESSE J. HOLLAND, (Court: Sexually dangerous can be kept in prison ), Associated Press. Retrieved 5-16-2010.〕 The practice, introduced by the Adam Walsh Child Protection and Safety Act, was upheld against a challenge that it fell outside the enumerated powers granted to Congress by the Constitution. The decision did not rule on any other aspect of the law's constitutionality, because only the particular issue of Congressional authority was properly before the Court.
== Background ==
Six days before Graydon Earl Comstock was to have completed a 37-month sentence for receiving child pornography, Attorney General Alberto R. Gonzales certified that Comstock was a sexually dangerous person. The law that Attorney General Gonzales was applying was ruled unconstitutional by lower courts on the grounds it exceeded Congress’s constitutional authority.
Argued in January 2010 by Solicitor General Elena Kagan, the United States' position was that the "necessary and proper" clause gave Congress the power to enact the law.〔(Justices Rule That Sex Offenders May Be Held After Their Sentences End ), nytimes.com, by Adam Liptak, May 17, 2010〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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