The primary purpose of government is to solve, try and
Those obligations do not always belong at the federal level.
- The Constitution is very explicit about the limits of federal powers. It
is required to defend the nation, operate courts of appeals, control
immigration and standardize money and commerce.
- Only when crimes cross state or international borders do they require
the assistance of federal powers. The 10th Amendment reserves all other
criminal powers to the state and local governments. The federal
government is limited to the protection of individual rights against
abusive and tyrannical state laws.
- The persistent federalization of good state laws is a mistake. Criminal
and civil laws should be formed, adopted and enforced by the governments
that are closest to the people. Refinements, innovations and community
enforcement should not be stifled by rigid, mundane and nationalized
- For these reasons, the FBI should be limited to investigative services
in support of, not in authority over, local police. The FBI Compact is
crucial to coordinating and enhancing interstate information gathering,
but it should not be burdened with the risks of casual and potentially
libelous reporting directly to interested citizens. The federal
"Kids Safe" legislation, based on good "Megan's
Laws" of several states, violates the FBI Compact controls
necessary for accurate reporting.
- Congressional resolutions could properly recommend legal forms to state
governments, but it should only supersede state laws when they are
unconstitutional violations of individual rights. It is this unique
foundation of citizen rights as the primary purpose of government that
protects us from the tyranny and oppression of totalitarians powers.
- One critical area that should be addressed by Congress has been left in
the hands of federal courts. The "exclusionary rule" may have
been the only tool available to the Supreme Court to protect against
police violations of important legal rights. Congress needs to implement
a new method of protecting Miranda rights that does not compromise the
integrity of criminal trials. No truth should ever be excluded from
evidence. No violation of individual rights should go unpunished. The
"exclusionary rule" abrogates both of those principals and
should be addressed promptly by Congress.
- The most obvious failures of federal police power are evident in the
"Drug War" and BATF "enforcement" operations.
Prohibition of any substance or object is unconstitutional. The only
Amendment that attempted to make "possession" of a substance
into a crime (the 18th: Prohibition of Alcohol) was a failure and
properly repealed. Efforts to evade the Constitutional requirements by
de facto bans are not only improper, they are foolish and destructive of
a civil society.