Question: Title 18, 875(a) makes it a crime punishable by death to kidnap and murder a Supreme Court Justice. A man was convicted under this statute

Title 18, 875(a) makes it a crime punishable by death to kidnap and murder a Supreme Court Justice. A man was convicted under this statute for the kidnapping and murder of a Supreme Court Justice that the man had labeled a "traitor" for his opinions. The man appeals his conviction, arguing that the statute under which he was convicted was unconstitutional. On appeal, a reviewing court should: (A) Reverse his conviction, because Article I does not expressly give Congress the power to legislate crimes. (B) Reverse his conviction, because punishing the murder of a Justice is not absolutely necessary to the creation and maintenance of the U.S. Supreme Court. (C) Affirm his conviction, because the criminalization of murdering a Supreme Court Justice is rationally related to the creation and protection of the Supreme Court. (D) Affirm his conviction, because Congress may criminalize conduct by exercising its general police powers

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