Violence Against Women Act Research Paper

The Violence Against Women Act creates a right to be "free from crimes of

violence" that are gender motivated. It also gives a private civil right of

action to the victims of these crimes. The Senate report attached to the act

states that "Gender based crimes and fear of gender based crimes...reduces

employment opportunities and consumer spending affecting interstate

commerce."

Sara Benenson has been abused by her husband, Andrew Benenson, since 1978.

Because of this abuse, she sued her husband under various tort claims and

violations under the Violence Against Women Act. Now Mr. Benenson is

protesting the constitutionality of this act claiming that Congress has no

right to pass a law that legislates for the common welfare.

However,
In the United States v. Lopez decision, The Supreme Court struck down the Gun

Free School Zones Act. It's reasoning was that Congress had overstepped it's

power to legislate interstate commerce. The Court decided that this act was

not sufficiently grounded in interstate commerce for Congress to be allowed

to pass it.

The circumstances in this case are entirely different than in the case of

Sara Benenson. For one thing, the Gun Free School Zones Act was not nearly as

well based in the commerce clause as is our case. The Gun act said that

violence in schools kept student from learning and therefore limited their

future earning power. It also said that violence affected national insurance

companies. These connections are tenuous at best and generally too long term

to be considered. However, in the case of Mrs. Benenson, her inability to

work and spend directly and immediately affected interstate commerce.

Therefore, the Lopez decision should not have any part in the decision of

this case.

The Supreme Court, in McCulloch v. Maryland, gave Congress the right to
In order for Congress to

legislate interstate commerce fairly, it must allow people to be able to work

and spend as they should be able to. If a woman is afraid of being abused if

she gets a job or spends money, it affects interstate commerce. Thus The

Violence Against Women Act is Constitutionally based and necessary for

interstate commerce.

Violence against women is a terrible crime. It destroys women's self esteem,

tears apart families, and destroys lives. Many times, it will lead to murder

or other terrible crimes. What the Violence Against Women Act is trying to do

is give women a weapon to protect themselves from violent spouses. Without

this act, many women would be left incapable of getting any form of financial

redress for the years of suffering and abuse they went through.

It is wrong to deny women a tool to rebuild they're lives after an abusive

relationship. The years of abuse they went through makes it hard if not

impossible for them to get a job or work in an office. These women are afraid

for the rest of their lives that if they make a mistake or displease the