United States Third Circuit

A conviction under the penal provision of the Chemical Weapons Convention Implementation Act of 1998 is affirmed, where: 1) the defendant's behavior clearly constituted unlawful possession and use of a chemical weapon under the Act; 2) the Convention is valid under any reasonable conception of the Treaty Power's scope; 3) the Act is valid under the Necessary and Proper Clause, as it does not go beyond the Convention; and 4) the Act does not disrupt the balance of power between the federal government and the states in violation of the Tenth Amendment.

Appellate Information

• Decided 05/03/2012
• Published 05/03/2012

Judges

• Jordan

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Paul D. Clement, Paul G. Shapiro