Privacy JusticiabilityDoctri
1. Do the constitutional structural limits on federal authority impose constraints on the scope of Congress authority to enact legislation to implement a valid treaty, at least in circumstances where the federal statute, as applied* goes beyond the scope of the treaty, intrudes on the traditional state prerogatives, and is concededly unnecessary to satify the government's treaty obligations?
2; Can provisions of the Trafficking And Victims Protection Act codified at 18 U.S.C §1591 be interpreted not to reach ordinary domestic, local cases unrelated to transnational crime, where state and local statutes are enough to satisfy the United States treaty obligations, in order to avoid the difficult question on whether to overrule Missouri v Holland?
3. Are the TVPA criminal provisions exempt from the statutory definition of Trafficking in Persons I.E A; transnational Organized Crime?
4. Are government prosecutors bound by specific enhancements put in a plea agreement that linduced the plea?.
Do the constitutional structural limits on federal authority impose constraints on the scope of Congress authority to enact legislation to implement a valid treaty, at least in circumstances where the federal statute, as applied, goes beyond the scope of the treaty, intrudes on the traditional state prerogatives, and is concededly unnecessary to satisfy the government's treaty obligations?