-Caveat Lector-

Lloyd Miller <[EMAIL PROTECTED]> wrote:
>  -Caveat Lector-
>
> -----Original Message-----
> From: Martin H. Katchen <[EMAIL PROTECTED]>
> To: Lee Markland <[EMAIL PROTECTED]>
> Date: Friday, January 01, 1999 3:45 PM
> Subject: Fw: CHEIF JUSTICE REHNQUIST CRITICIZES CLINTON/CONGRESS
>
>
> Why don't they just federalize all the courts and police and have done with

> it?
> -----Original Message-----
> From: Alexandra H. Mulkern <[EMAIL PROTECTED]>
> To: [EMAIL PROTECTED] <[EMAIL PROTECTED]>
> Date: Friday, January 01, 1999 2:34 AM
> Subject: CAS: CHEIF JUSTICE REHNQUIST CRITICIZES CLINTON/CONGRESS
>
<snip>
>
> >As an example of a federalized crime, he listed a 1994 law that allows a
> >large number of
> >arsons to be prosecuted as federal crimes.
<snip>

Sorry to disagree with the the learned Chief Justice, but this law in
particular was enacted to cope with an epidemic of church burnings which state
authorities had been unable to deal with. There was a *lot* of evidence
strongly suggesting a relationship between the various incidents, crossing
state boundaries. As it happened, once the FBI and ATF were brought into the
investigation, they were able to determine that there was at most a copycat
relationship. The only locale where there was a real conspiracy was in
Southwestern Pennsylvania, but that was, IIRC, one or two individuals with
grudges. But that still doesn't invalidate the use of a Federal law; the
simple fact that the victims of these arsons were virtually all small, rural
congregations, many but not all black, from areas with limited law enforcement
personnel, means that if these cases had been left to state and local
authorities, they never would have been solved. There are times when Federal
intervention is appropriate and necessary, and this was one of them.
Rehnquist's point is generally well-taken, however; Congress is horribly
susceptible to public panic, and often enacts legislation in knee-jerk
fashion. (See "Megan's Law" as one horrible example.)

Bob

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Robert F. Tatman
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