'Hate Crimes' Amendment May Sink Defense Bill
By Bluey Posted in Congress — Comments (10) / Email this page » / Leave a comment »
A "hate crimes" measure pending before the Senate threatens to derail the Defense authorization bill, according to senior Republican staffers on Capitol Hill. The language of the amendment is so overbroad that "hate" is not even required.
Senate Majority Leader Harry Reid filed cloture on the amendment today and a vote is expected as early as Thursday. Republican sources are fearful it may already have the 60 votes needed to pass. That could prompt a veto threat from President Bush.
Former Attorney General Ed Meese, my colleague at The Heritage Foundation, explained why the "hate crimes" measure was unconstitutional:
Congress only has express constitutional jurisdiction over three crimes: treason, counterfeiting and piracy on the high seas. Because the federal government is one of limited and enumerated powers, Congress must find authority in other constitutional clauses to federalize particular crimes or such acts would violate federalism principles, the Tenth Amendment, or other structural limits in the Constitution.
The amendment would be yet another victory for Sen. Teddy Kennedy (D-Mass.). It includes "gender identity" as a protected class and even "perceived gender-related characteristics." The original Kennedy language didn't go that far.
The use of the term "perceived" in the amendment makes it difficult to say there is any "class" of individuals affected. Anybody could be a "hate crimes" victim depending what a judge concludes was "perceived" at the time of the crime.
There is also a fear among religious groups that a member of their church may be subject to prosecution for stating a moral belief against homosexual behavior or expressing a religious tenet of that faith.
With the clock ticking before Thursday's vote, Senate Republican leaders are reminding colleagues who may be wavering that the interpretation of the law would also be far different under the Bush Administration than it might under one led by Hillary Clinton.
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There is also a fear among religious groups that a member of their church may be subject to prosecution for stating a moral belief against homosexual behavior or expressing a religious tenet of that faith.
I'm a little unclear from this on the reach of the statute.
"No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong." - Winston Churchill
I don't want Ginsburg, Souter, Kennedy, Breyer and Stevens reaching for the limits of this statute.
Never forget, David Souter was nominated by President George H.W. Bush
I should Google, if I had time...if this is a penalty enhancer on specified crimes of violence, there are still reasons to object, but fear that mere speech standing alone will be punished seems overstated.
"No compromise with the main purpose, no peace till victory, no pact with unrepentant wrong." - Winston Churchill
man so someone needs to help me understand these nuances. What in the world is a hate crime amendment doing in a defense authorization bill? Gotta love our legislators.
"The nine most dangerous words in the English language are 'I'm from the government and I'm here to help'"
Ronald Reagan
but I have this aching fear that NewTone™ may take over and cripple his brain temporarily.
...when they see me they'll say, "There goes Loren Wallace,
the greatest thing to ever climb into a race car."
When was the last time someone was stabbed to death for being well liked and respected?
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Reality: Thompson/Romney Dream: Santorum/Watts.
that Dems were griping about Republicans attaching unconnected bills.
the amendment is unconstitutional(sorry spelling was not my favorite subject in school) congress can only prosecut treason, piracy, and somthing else (i cant rem) their doing this to stall. possible the funding for the war. but the person above is right. i dont want congress or some librel judge deciding what is a hate crime
40 rounds, 40 kills, Hooah
And tell the VP to get out of the way. This is an opportunity for President Bush, I sure hope he takes it.
Never forget, David Souter was nominated by President George H.W. Bush