"Who Killed Adam Walsh" and "How the Adam Walsh Act was Named"
Wikipedia coverage of the case.
I am sure most folks are aware of the Adam Walsh Act (AWA), a federal law affecting sex offenses and sex offenders. That law is a law made up of various bills introduced by lawmakers in Congress which ultimately became AWA. The complete story of how it came to be (mostly written behind closed doors) can be found here.
AWA was authored by Rep. Sensenbrenner of Wisconsin (HR-4472), and Title I of AWA which is SORNA was authored by then Rep. Mark Foley who has since left office due to his inappropriate and sexually explicit e-mails with underage Congressional Pages Part-1 and Part-2. He was never arrested for committing those acts, the same kind of acts others have gone to prison for. Accordingly, he will never be subjected to the SORNA which he authored.Next how does Congress let state lawmakers know what Congress wants them to do?
Through the federal Guidelines, State Legislatures (Lawmakers) begin to modify their state laws according to the requirements of the Guidelines. However, since these are "Guidelines" they are not mandatory, and States DO NOT have to follow them.
Congress knows that is true, so what they did to encourage (i.e., force) States to follow them, Congress wrote into AWA/SORNA a section which effectively says "If you do not follow AWA/SORNA, then we (Congress) has ordered that, 10% of the federal crime fighting money (Money normally placed into the Byrne Grant account for state use) which States normally receive, will be reduced annually. Sort of a bend-your-arm to get what Congress wants.
And, yes, the 10th Amendment also can be used by states to stop Congress from forcing them to do something. Many states have used that on various issues, but, so far, not with respect to sex offender legislation. The 10th Amendment Center and their Blog follow all 10th Amendment issues.That is how state laws are enacted according to AWA's federal guidelines. What is so interesting is, while politicians claim that, AWA's purpose is to make all states the same, reality is because the use of Guidelines it allows states to be different. So the public has AGAIN been duped.
Conceptually view AWA as a menu, states can pick which menu item they wish to use in their state laws, others they simply ignore. However, because it is that way, Congress also says, if you don't chose certain menu items then you will not be in compliance and you will lose 10% of your funding. Conceptually thats it in a nutshell.On to the Titles within AWA:
TITLE I—SEX OFFENDER REGISTRATION AND NOTIFICATION ACT (SORNA)The Community Room covers issues that are highlighted above, because those are most relevant to the daily lives of former offenders.
For now, have a great day and a better tomorrow.
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