This Note will examine constitutional challenges to the Adam Walsh Act, analyze the history of relevant jurisprudence, discuss the flaws in the Supreme Court’s opinion, and offer recommendations for legislative modification. Parts II.A and II.B will discuss the history of sexually violent person (SVP) laws at the state and federal level. Part II.C will review the various constitutional challenges brought against the Act. In Part II.D, this Note will discuss the Supreme Court’s reasoning in United States v. Comstock. Part III.A will analyze the weakness of the Court’s opinion in Comstock, and suggest that the Court’s analysis of the Adam Walsh Act under the Necessary and Proper Clause is, at best, tenuous. Part III.B will offer alternative arguments for constitutional justification of the Act under the Commerce Clause. Part III.C offers recommendations for legislative changes to avoid additional litigation regarding the Act’s due process guarantees. . .
