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Constitutional Law

Mar. 31, 2000

SISTER

FORUM The Violence Against Women Act should be upheld by the Supreme Court as a valid exercise of Congess's Commerce Clause power. Page 6. By Erwin Chemerinsky

Erwin Chemerinsky

Dean and Jesse H. Choper Distinguished Professor of Law UC Berkeley School of Law

Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).

By Erwin Chemerinsky
         After conducting extensive hearings over four years, Congress concluded that state law remedies often are inadequate in rape and domestic violence cases. Based on this legislative history, Congress enacted the Violence Against Women Act, 42 U.S.C. Section 13981. The act contains provisions designed to better handle the problem of gender-motivated violence, inclu...

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