Document Type
Case Analysis
Publication Date
2000
Publication Information
1999 Preview U.S. Sup. Ct. Cases 331 (2000).
Abstract
From the Issue
The federal arson statute, 18 U.S.C. § 844(i), makes it a crime to "maliciously damage[I ... by means of fire or an explosive, any building ... used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce[.]" The question in Jones is whether this statute and Congress' enumerated powers permit the "federalization" of the arson of a private residence. See Joint Appendix ("J.A.") 45. More particularly, is a private residence "used" in an "activity affecting interstate commerce," within the meaning of the statute, when it, for example, receives natural gas from out-of- state sources? Must the particular arson affect "interstate commerce," or may a court consider the commercial effects of residential arson generally?
Recommended Citation
Richard W. Garnett,
Does the Constitution Permit Federal Prosecution for the Arson of a Private Residence?,
1999 Preview U.S. Sup. Ct. Cases 331 (2000)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1894
Included in
Commercial Law Commons, Constitutional Law Commons, Criminal Law Commons, Supreme Court of the United States Commons
Comments
Jones v. United States
Docket No. 99-5739
Argument Date: March 21, 2000
From: The Seventh Circuit