“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
At Just Security, Daniel Rice (Institute for Constitutional Advocacy and Protection): Female Genital Mutilation and the Treaty Power: What Congress Can Do. From the introduction: Since 1996, the act of female genital mutilation (FGM) has been a federal...
Despite the procedure’s moral repugnance and our emotional reaction to it, a federal court got a female genital mutilation case right when it struck down a federal law banning the practice. The Constitution does not authorize the Congress to pass such a law. In...
