This Comment explores whether the Violence Against Women Act, passed in 1994, is a legitimate act of Congress under the U.S. Constitution. Congress relied on its commerce power in order to enact this interstate domestic violence law. Congress also relied on its power under Section 5 of the Fourteenth Amendment to enact the civil rights cause of action for victims of gender-motivated violence. This Comment discusses Congress' commerce power in light of United States v. Lopez, decided in June 1995. It also discusses whether Congress allowed equal protection under the law with regard to the civil rights cause of action for women. The author concludes that the interstate domestic violence statute is constitutional, but questions the validity of the statute guaranteeing a civil rights cause of action for women.
Derek A. Kurtz,
Does the Violence Against Women Act Do Violence to the Limits of Congressional Power?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol34/iss2/11