In a
1995 decision that overturned a federal ban on possessing guns near
schools, the U.S. Supreme Court noted that "the Constitution
creates a Federal Government of enumerated powers," which do not
include a general authority to fight crime. Five years later, when
it overturned a statutory provision that created a federal cause of
action for victims of gender-motivated violence, the Court warned
that congressional attempts to usurp the states' police power
threatened to erase the "distinction between what is truly national
and what is truly local." But as Senior Editor Jacob Sullum notes,
two pieces of legislation in the news, both named after murder
victims, show that posing as a crime fighter is still more popular
on Capitol Hill than obeying the Constitution.
Reason Magazine
New at Reason: Jacob Sullum on Hate Crimes, Sex Crimes, and Congress
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