The Federalization Fraud

by on November 15, 2006 at 7:10 am in Law | Permalink

Every time there is a nationally publicized crime some Federal politician stands ready to get tough and pass a law.  In recent years, we have had The Juvenile Crime Control Act,
The Church Arson Prevention Act,
The Sex Crimes against Children Prevention Act and so forth leading the naive to wonder why Church arson wasn’t illegal before the act was passed.

Of course, arson has always been illegal and well prosecuted under state law.  Federal law is not only unnecessary in many cases it is a fraud.  Take the most recent example, the Adam Walsh Child Protection and Safety Act passed this year.  The act dramatically increases the penalties for aggravated sexual abuse (or an unsuccesful attempt at such abuse) to a mandatory 30 year prison sentence with no opportunity for parole.  The penalties are draconian but here’s the kicker.  The penalties only apply to Indians on reservations, citizens of Washington DC and those few offenders who might cross a state line in commission of their offense.   No other citizens face anything like these kinds of penalties.

For more on the Theory of Federalism and an application to crime see my powerpoint discussion given last week to a group of Federal judges.

Yan Li November 15, 2006 at 10:57 am

Thank you for the excellent presentation. Here is a recent example from China. As part of a major crackdown on crime, the power of issuing final verdicts on capital punishment was handed down from the Supreme People’s Court to the provincial courts in 1983. The number of criminal cases dropped 31 percent in the 8 months immediately following the change. However, in recent years, there have been a series of reports on errors in death sentence cases, and criticisms around “insufficient supervision† of death sentences. Two weeks ago, China’s top legislature decided, effective January 1, 2007, to give the power back to the Supreme People’s Court.

Alex Tabarrok November 15, 2006 at 3:47 pm

Ragerz, the fraud is that Federal politicians take credit for passing laws that have very little effect – not only are all the crimes already illegal at the state level the federal portion applies only to a very small subset of offenders.

blake November 15, 2006 at 9:49 pm

I dont really see the fraud either. But i do think that some laws are passed
for the simple reason of pleasing voters. the Adam walsh act makes no sense if it
only stiffin penalities to those small groups. i also dont understand just now
making burning down a church illegal, as far as i know that has always been bad.

save_the_rustbelt November 15, 2006 at 10:18 pm

This is what television has done to politics. Yuck.

Lee Vandeberg November 15, 2006 at 11:34 pm

Politicians are just trying to make a name for themselves. In order for a politician to be effective in his job he has to have influence. They need to have publicity to be influential. The best way for a politician to grab headlines is to tack his name on a bill that addresses a heinous crime. The bill will be strongly supported, that senator or representative then appears to be effective in his job (which is to get laws passed). The fact that the law is really hollow or redundant makes no difference. He will appear to be able to get things done. His constituents back home won’t know that the bill is really meaningless. All they will remember is that he was “that guy that got child molesters a 30 year sentence†. It’s all a game of show business.

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