COMMENT: CONSTITUTIONALITY OF THE CHILD SUPPORT RECOVERY ACT IN THE WAKE OF UNITED STATES v. LOPEZ Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 1997 George Mason Law Review
George Mason Law Review

COMMENT: CONSTITUTIONALITY OF THE CHILD SUPPORT RECOVERY ACT IN THE WAKE OF UNITED STATES v. LOPEZ

Winter, 1997

5 Geo. Mason L. Rev. 267

Author

Jeanne M. Tanner *

Excerpt



Introduction

In 1992, Congress passed the Child Support Recovery Act of 1992 1 (CSRA) in an attempt to force non-custodial parents to pay their courtordered child support payments. The CSRA specifically targets delinquent parents with out-of-state dependent children. In enacting the CSRA, Congress relied on its broad legislative powers under the Commerce Clause. 2 Since the 1930s, these powers have gone largely unchallenged by the courts. 3 This age of judicial deference may have come to an end, however, with the Supreme Court's decision in United States v. Lopez. 4 In Lopez, the Court held unconstitutional the Gun-Free School Zones Act of 1990 5 (GFSZA) as violative of the Commerce Clause. To many, the Lopez decision signaled that the far-reaching Commerce Clause powers of Congress are once again subject to more rigorous judicial scrutiny and hence subject to new limitations. 6

Indeed, within months of the Lopez decision, a federal district court in Arizona, in United States v. Schroeder, struck down the CSRA as an unconstitutional exercise of Congress' Commerce Clause powers. 7 Since then, numerous district courts, spanning nine circuits, have addressed the constitutionality of the CSRA. Most of the district courts have found the CSRA to be constitutional. 8 However, a total of three district courts in Arizona, Texas and Pennsylvania have found the CSRA to be unconstitutional. 9 At the appellate level, three circuit courts, the Second, Ninth and Tenth, have all upheld the constitutionality of the CSRA on appeal. 10 Thus, although the ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities