United States v. Murphy

Memorandum, Opinion

CONRAD, United States Magistrate Judge.

This action is before the court upon defendant James Murphy’s challenge to the constitutionality of the statute under which he was charged. Substantially relying on United States v. Lopez, 514 U.S. -, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995), defendant first argues that Congress exceeded its authority to legislate under the commerce clause of Article I, § 8, cl. 3, when it enacted 18 U.S.C. § 228 (“the Child Support Recovery Act”). Defendant also argues that the Child Support Recovery Act violates the ex post facto clause in Article I of…