The following excerpt was written by Convention of States National Legislative Strategist Rita Dunaway and originally published on The Stream.
Late last month, the U.S. Supreme Court passed up an opportunity to review the federal Hate Crimes Prevention Act. It’s important for us to understand how laws like this actually undermine core American values.
Background
There’s no doubt that the law was based on the best of intentions. It makes it a federal crime to willfully injure a person “because of the actual or perceived race, color, religion, or national origin of any person.”
Of course, it is already a crime to hurt another person. But we can all understand Congress’ desire to punish bigotry.
What is less understandable is where Congress finds the authority to do so. According to our Constitution, Congress may only exercise those powers delegated to it. And however proper its belief that bigotry is wrong, Article I doesn’t give Congress the power to punish it. Now, that doesn’t necessarily mean that hate crimes can’t be outlawed; it just means the issue is left to the states.
The Hate Crimes Prevention Act is just one example of a law that puts Congress way past its constitutional boundaries.
Yet Congress claims that the Thirteenth Amendment empowers it to pass the Hate Crimes Prevention Act. The Thirteenth Amendment, you may recall, abolished slavery. And Section Two of that amendment allows Congress to pass laws enforcing the abolition of slavery.
In an 1883 case, the Court ruled that this includes power to “pass all laws necessary and proper for abolishing all badges and incidents of slavery in the United States.” Note the subtle expansion of federal power.
But what is a “badge” or “incident” of slavery, you ask? Only the Court can say. And that is exactly the problem.
Click here to read the full article.
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