tag:blogger.com,1999:blog-9615048.post114669200435700067..comments2024-03-28T22:42:40.503-04:00Comments on Southern District of Florida Blog: Criminalizing conduct overseasDavid Oscar Markushttp://www.blogger.com/profile/18386723948607633980noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-9615048.post-1146864048459426682006-05-05T17:20:00.000-04:002006-05-05T17:20:00.000-04:00http://www.miami.com/mld/miamiherald/news/world/am...http://www.miami.com/mld/miamiherald/news/world/americas/14505486.htm<BR/><BR/>end of conversation?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-1146838152607227252006-05-05T10:09:00.000-04:002006-05-05T10:09:00.000-04:00People go to Amsterdam all the time to smoke weed....People go to Amsterdam all the time to smoke weed. What is the difference?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-1146767793092743932006-05-04T14:36:00.000-04:002006-05-04T14:36:00.000-04:00As to whether the US should criminalize activity a...As to whether the US should criminalize activity abroad - that is a policy question worth bringing up around election time.<BR/><BR/>As to whether Congress has the power to criminalize such activity ... they have the power to regulate foreign commerce. That is a broad power<BR/>that is not limited by federalism-like restraints (as Congress's interstate commerce clause power is). The only two laws (both upheld by the federal courts so far) to criminalize local acts outside the country that I know of are 1) the Cuban Cigar Smoking statute and 2) the provision of the Protect Act that criminalizes sex with children under the age of 16 outside the country. Both of which have plenty of jurisdictional tags - making it harder to strike down. The "commerce" aspects of buying drugs or sex in other countries can be stretched quite effectively. (Pretend you are a creative prosecuter - the money used was drawn on a US bank, they arrived through instramentalities of commerce, etc.) Unfortunetly, our case law suggests Congress could criminalize activities by American citizens and residents abroad - even when those acts are legal abroad. Either way, should such a law pass - there will be plenty of opportunities for defense attorneys to challenge the constitutionality in the Southern District of California.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-1146712416359174072006-05-03T23:13:00.000-04:002006-05-03T23:13:00.000-04:00that sounds right, but can congress do that? if s...that sounds right, but can congress do that? if someone wanted to smoke marijuana in amsterdam (or now mexico), why should the us be able to say no?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-9615048.post-1146704684074727802006-05-03T21:04:00.000-04:002006-05-03T21:04:00.000-04:00The overseas issue is fascinating. Reminds me a b...The overseas issue is fascinating. Reminds me a bit of the famous 1L "impossibility" case regarding Lady Eldon's lace. I'm guessing the Govt's basic argument is that even if the act would be legal elsewhere, there is still harm to the USA if people are planning the offense here, thus creating (or enhancing) the market for the unwanted industries. Or is it something else? Somebody educate me here...Anonymousnoreply@blogger.com