United States v. Michael Lewis Clark

McKEOWN, Circuit Judge.

In this appeal we are confronted with a question of first impression regarding the scope of Congress’s power under the Foreign Commerce Clause.1 At issue is whether Congress exceeded its authority “to regulate Commerce with foreign Nations,” U.S. Const, art. I, § 8, cl. 3, in enacting a statute that makes it a felony for any U.S. citizen who travels in “foreign commerce,” i.e. to a foreign country, to then engage in an illegal commercial sex act with a minor. 18 U.S.C. § 2423(c). We hold that Congress acted within the bounds of its constitutional authority.

Congressional…