Millstone Act

The Congress possesses the power to define and punish offenses against the law of nations and to regulate commerce among the several states. The sexual exploitation of children often involves interstate or foreign commerce, and the protection of the innocent is a paramount object of good government. The proposed increase in penalties is a proper exercise of the legislative authority under Article I, Section 8, Clause 10 (defining and punishing piracies and felonies on the high seas, and offenses against the law of nations) and the necessary and proper clause (Article I, Section 8, Clause 18). …

The protection of children from sexual exploitation is a legitimate object of government, but the Constitution grants the federal government only enumerated powers. The Tenth Amendment reserves to the states all powers not delegated to the United States. Congress may only act under its specific powers, such as the Commerce Clause (Article I, Section 8, Clause 3) if the offense involves interstate commerce, or the Necessary and Proper Clause (Article I, Section 8, Clause 18) to carry out its enumerated powers. However, a general increase in penalties for all such exploitation, without a clear n…

The proposed bill to increase penalties for the sexual exploitation of children falls within the enumerated powers of Congress under the Commerce Clause, as such exploitation often involves interstate commerce—including the transportation of minors across state lines, the use of interstate facilities for illicit purposes, and the distribution of exploitative materials through interstate channels. The Necessary and Proper Clause further authorizes Congress to enact laws that are appropriate and plainly adapted to the execution of its commerce power, including the imposition of criminal penaltie…

This bill, which seeks to increase penalties for the sexual exploitation of children, is a proper exercise of Congress's power under the Necessary and Proper Clause, as it is rationally related to the legitimate federal interest in regulating interstate commerce and protecting the general welfare. The Constitution grants Congress the authority to define and punish offenses against the law of nations, and the sexual exploitation of children often involves interstate or foreign commerce, as recognized in the Commerce Clause. Furthermore, the Tenth Amendment reserves to the states powers not dele…