Crime, in most cases, is to be dealt with by state and local governments.
THE PRINCIPLES
US Constitution, Article I, Section 8 Clause 6:
“To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;”
US Constitution, Article III Section 3 Clause 2:
“The Congress shall have power to declare the Punishment of Treason”
Amendment 10:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
St George Tucker was the pre-eminent constitutional scholar of the American founding era. He published “View of the Constitution of the United States” in 1803 as a comprehensive review of the Constitution of 1787 and the Bill of Rights.
Felonies not enumerated within the United States Constitution are, in Tucker’s view, left within the jurisdiction of the state.
In his work, “View of the Constitution of the United States“, p. 210-21, he said:
“…the very guarded manner in which congress are vested with authority to legislate upon the subject of crimes, and misdemeanors. They are not entrusted with a general power over these subjects, but a few offenses are selected from the great mass of crimes with which society may be infested, upon which only Congress are authorized to prescribe the punishment, or define the offense. All felonies and offenses committed upon land, in all cases not expressly enumerated, being reserved to the states respectively.”
THE PROBLEM
To the degree that the federal government, in its legislation, judicial actions, regulations, and executive branch activities, interferes with the ability of the people in their communities to apprehend, judge, and penalize accused lawbreakers, it bears responsibility for the climate of crime, which has grown more destructive with each passing year.
THE SOLUTION
States and localities have the right to execute criminals of capital crimes. They also have the right to require restitution for victims of convicted criminals.
Federal involvement in state and local criminal justice processes should be limited to that which is constitutionally permitted.
All who are accused of crimes, from petty to capital, are entitled to a trial by jury upon request. The jury shall be fully informed of its right to nullify the law.
Defendants cannot be charged and tried by both state and federal jurisdictions under different laws for the same alleged criminal act. Doing so violates the constitutionally secured prohibition against double jeopardy.
THE CONSTITUTION PARTY COMMITTMENT
Equal Protection: The Constitution Party believes that all Men are created equal and therefore deserve Equal Protection under the law.
Hate Crimes: “Hate crime” legislation at all levels of government, including enhanced penalties must be eliminated. The designation of “hate crime” extends federal jurisdiction to crimes which would otherwise be in the province of the states or local communities.
Special Protection or Prosecution: All persons are made in the image of God. All persons are entitled to equal protection with equal prosecution for any and all crimes committed against innocent victims. Any laws favoring special protection or prosecution for certain classes of people or types of employment should be rescinded.
