Reading Room Document

Constitutionality of Federal Habitual Offender Legislation

Provisions of proposed "habitual offender" legislation would be within Congress' power under the Commerce Clause even though they may penalize activities which are entirely intrastate, if Congress has a rational basis for finding that these activities have some effect on interstate commerce. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/22806/download.

November 13, 1981