Whether child pornography is a federal crime enumerated by the Constitution

QUESTIONS PRESENTED 1. Because child pornography is not one of the federal crimes enumerated by the constitution, the trial court erred by failing to declare unconstitutional the statutes under which Mr. Riley was prosecuted. (The Fifth Circuit rejected this argument in United States v. Cleveland, 951 F. Supp. 1249 (E.D. La. 1997. We ask this Court to reconsider and reverse this ruling.) 2. Because a prosecution for child pornography is beyond the scope of the Commerce Clause, the trial court erred by failing to declare the statute unconstitutional. (The Fifth Circuit rejected this argument in United States v. Kallestad, 236 F.3d 225, 228 (5th Cir. 2000). We ask this Court to reconsider and reverse this ruling.) 2