United States v. Keith Douglas Bailey

DUHÉ, Circuit Judge:

We consider for the first time the reach of Congress’s authority to enact under the Commerce Clause the Child Support Recovery Act, 18 U.S.C. § 228, which makes it a federal crime to “willfully fail[ ] to pay a past due support obligation with respect to a child who resides in another state.” We conclude that the Act passes constitutional muster under Congress’s plenary powers to regulate both the use of the channels of interstate commerce and persons or things in interstate commerce. Accordingly, we reverse and remand for proceedings consistent with this opinion.

BACKGROUND