United States v. Martignon

POOLER, Circuit Judge:

This appeal presents a recurring issue in constitutional law: the extent to which Congress can use one of its powers to enact a statute that it could not enact under another of its arguably relevant powers. See, e.g., Ry. Labor Executives’ Ass’n v. Gibbons, 455 U.S. 457, 102 S.Ct. 1169, 71 L.Ed.2d 335 (1982); Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241, 85 S.Ct. 348, 13 L.Ed.2d 258 (1964); In re Trade-Mark Cases, 100 U.S. 82, 25 L.Ed. 550 (1879). Here the statute involved is Section 2319A of Title 18, which prohibits the unauthorized recording of…