Falun Gong and Victims of Forced Organ Harvesting Protection Act

Congress possesses ample authority in matters of foreign intercourse, particularly to regulate commerce with foreign nations and to define and punish offenses against the law of nations. An act protecting victims of forced organ harvesting, likely involving restrictions on commerce or sanctions against perpetrators abroad, falls squarely within these enumerated powers, promoting the national interest by countering barbarities that shock the conscience of civilized republics and safeguarding American commerce from entanglement with such evils. As I argued, a disunited confederacy would falter i…

The proposed act falls within the enumerated powers of Congress to regulate Commerce with foreign Nations and to define and punish Offences against the Law of Nations, as forced organ harvesting upon practitioners of conscience constitutes a barbarity offending the laws of nature and nations, meriting federal response through commerce restrictions or sanctions. This does not exceed delegated authority, respecting the reservation of undelegated powers to the States or the people, preserving individual liberty from federal overreach.

The Congress possesses enumerated powers to regulate Commerce with foreign Nations and to define and punish Offences against the Law of Nations, which extend to legislation addressing grievous international practices such as forced organ harvesting that shock the conscience of civilized nations and implicate international commerce or norms. Such a measure promotes national unity in foreign relations without exceeding the careful bounds of federal authority, as defended against the weaknesses of confederacies lacking vigor in external affairs.

The proposed legislation, concerning protections for victims of forced organ harvesting in foreign lands, falls within the enumerated powers of Congress to regulate commerce with foreign nations and to exercise those means necessary and proper to execute such powers. The power to regulate foreign commerce is expressly granted, encompassing measures that protect against barbarous practices in international trade or relations incident thereto. Judicial review affirms the supremacy of the Constitution, yet defers to legislative discretion in choosing means plainly adapted to legitimate ends withi…