1. In 2012, at the urging both of religious conservatives and women’s groups concerned with sexual...

Question

1. In 2012, at the urging both of religious conservatives and women’s groups concerned with sexual exploitation, Congress passed and the President signed “The Prevention of Sexual Exploitation Act (PSEA).” The Act described the sex trade as “a multi-billion dollar industry that has deleterious effects on our social fabric.” Congress identified women as “overwhelmingly the victims of the sex trade” and so targeted its enforcement provisions against “johns” (the solicitors of acts of prostitution). The Act made it a federal crime, punishable by a fine of up to $5000 and a year in prison, for any male to offer money, goods, or services in exchange for various described sex acts, including sexual intercourse and sodomy. Under the Act, a prostitute is not guilty of any crime. (Sweden, incidentally, enforces a similar law aimed at preventing prostitution.) The Prevention of Sexual Exploitation Act went into effect on January 1, 2013. (400 words)Jimmy Bates, the owner of the Wild Burros Ranch, a popular brothel located in Pahrump, Nevada, is concerned about the effects the new federal law will have on his business. Although brothels are legal in many Nevada counties, including the county in which the Wild Burros Ranch is located, he expects the fear of federal enforcement of PSEA will discourage men from patronizing his place of business. Of the 20 prostitutes working at Wild Burros, nineteen are female and one is a male (available only by special appointment).Please discuss whether Jimmy Bates can bring an action seeking to enjoin enforcement of the new federal law. To enjoin is to prohibit by judicial order or issue an injunction against. For example, a federal court recently found that federal courts have jurisdiction over a suit to enjoin state officials from enforcing a state law on the ground that federal law preempts the state law. Also discuss what constitutional claims Bates can make and how the Supreme Court, if his case got that far, would likely resolve the various constitutional issues.2. Why did the states find it necessary to adopt a new Constitution in 1787? (175 words)3. Why did the revolutionaries distrust a strong central government when initially adopting the Articles of Confederation? (175 words)4. What are the three main functions of the US Constitution?(describe) (200 words)5. Should the president have absolute power?(Why or why not, explain) (250 words)

Amandeep · Accepted Answer

Whether Jimmy Bates can bring an action seeking to enjoin enforcement of the new federal law?
· Since the jurisdiction in which Bates has his brothel, that is, in Nevada, no such law has been passed and brothels are legal in several Nevada countries including the country where Wild Burros Ranch is located, he cannot enforce a legal action against the Act which is not having an impact on his business. Also, the business of prostitution is an illegal one, so there is no point of getting a legal recourse or protection out of it.
What constitutional claims Bates can make and how the Supreme Court would resolve the constitutional issues?
· The first issue that can be raised is that, criminalization of sex work is a human rights issue. Criminalization of act by an adult in voluntary and consensual sex and commercial exchange of sexual services in not in balance with human rights to personal autonomy and privacy. In other words, Government is not the one who should guide the consenting adults on whom to have sexual relations with or on what terms a person can get into consensual sex.
This constitutional issue can be resolved by Supreme Court on the ground that criminalization can expose the workers to get abused and exploited by police officers. Even it has been documented by Human Rights Watch, how the sex workers got harassed by police officers and how they have taken bribes. So, here, the federal law should not interfere in state matters.
Another issue that can be raised is that, whether decriminalizing sex work helps sex workers. Decriminalizing can protect the sex workers legally and they can even get right to justice and right to health care. Not only their occupation is protected, but also, their dignity and equality is also taken care of.
The Supreme Court can answer this in affirmative that decriminalizing can be an important step towards destigmatizing sex work. 
Why did the States find it necessary to adopt a new Constitution in 1787?
· America’s first national government became powerless to handle soldiers protesting against the Congress. The real power was with the individual states and the Articles of Confederation had a legislative branch but not an executive or judiciary branch. In that, all States had equal votes. Delegates from 7 States had to appear in order to conduct business. In order to amend the Articles, unanimous agreement of all States was required which made it difficult to obtain much.

1. In 2012, at the urging both of religious conservatives and women’s groups concerned with sexual exploitation, Congress passed and the President signed “The Prevention of Sexual Exploitation Act...

Answer To: 1. In 2012, at the urging both of religious conservatives and women’s groups concerned with sexual...

Answer To This Question Is Available To Download

Related Questions & Answers

Submit New Assignment