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Violence Against Women Act- The Violence Against Women Act creates a right to be free from crimes of violence that are gender motivated It also gives a private civil right of action to the victims of these crimes The Senate report attached to the act states that Gender based crimes and fear of gender based crimesreduces employment opportunities and consumer spending affecting interstate commerce Sara Benenson has been abused by her husband Andrew Benenson since 1978 Because of this abuse she sued her husband under various tort claims and violations under the Violence Against Women Act Now Mr Benenson is protesting the constitutionality of this act claiming that Congress has no right to pass a law that legislates for the common welfare However Congress has a clear Constitutional right to regulate interstate commerce This act is based solely on interstate commerce and is thereforeConstitutional Because of abuse Sara Benenson was afraid to get a job because it would anger her husband She was afraid to go back to school and she was afraid to go shopping or spend any money on her own All three of these things clearly interfere and affect interstate commerce Women like Mrs Benenson are the reason the act was passed There has been a long history of judgements in favor of Congresss power to legislate using the commerce clause as a justification For the past fifty years Congresss right to interpret the commerce clause has been unchallenged by the Court with few exceptions There is no rational reason for this court to go against the powerful precedents set by the Supreme court to allow Congress to use the Commerce clause In the
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