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2005 Ron Paul Chapter 97
Not linked on Ron Paul’s Congressional website.
Congressional Record [.PDF]
Providing For Consideration Of H.R. 3132, Children’s Safety Act Pf 2005
14 September 2005
HON. RON PAUL
OF TEXAS
IN THE HOUSE OF REPRESENTATIVES
Wednesday, September 14, 2005
2005 Ron Paul 97:1
Mr. PAUL. Mr. Chairman, as an OB–GYN who has had the privilege of bringing over
3,000 children into the world, I share the desire
to punish severely those who sexually
abuse children. In fact, it is hard to imagine
someone more deserving of life in prison than
one who preys on children. This is why I have
supported legislation that increases penalties
for sexual assaults on children occurring on
Federal land.
2005 Ron Paul 97:2
However, Mr. Chairman, I cannot support this bill because it infringes on the States’ constitutional
authority over the prevention and
punishment of sex crimes. The late Chief Justice
William H. Rehnquist and former United
States Attorney General Ed Meese, two men
who no one has ever accused of being “soft
on crime,” have both warned that, although
creating more Federal crimes may make politicians
feel good, it is neither constitutionally
sound nor prudent. Rehnquist has stated that,
“[t]he trend to federalize crimes that traditionally
have been handled in state courts . . .
threatens to change entirely the nature of our
federal system.” Meese stated that Congress’s
tendency in recent decades to make Federal
crimes out of offenses that have historically
been State matters has dangerous implications
both for the fair administration of justice
and for the principle that States are something
more than mere administrative districts of a
nation governed mainly from Washington.
2005 Ron Paul 97:3
H.R. 3132 not only creates new Federal programs and crimes, it instructs the States to
change their laws to conform with Federal dictates.
This violates the Constitution, and can
weaken law enforcement. For example, one of
the provisions of the new law requires States
include those convicted of misdemeanors in
their sex offender registries. By definition, misdemeanors
are nonserious crimes, yet under
this legislation State officials must waste valuable
resources tracking non-serious sex offenders
— resources that should be going to
tracking those who are more likely to represent
a real threat to children.
2005 Ron Paul 97:4
Thus, once again we see how increasing the role of the Federal Government in fighting
these crimes — even when it is well intended —
only hamstrings local and State law enforcement
officers and courts and prevents them
from effectively dealing with such criminals as
the locals would have them dealt with — harshly
and finally.
2005 Ron Paul 97:5
Mr. Chairman, Congress could both honor the Constitution and help States and local
governments protect children by using our
power to limit Federal jurisdiction to stop Federal
judges from preventing States and local
governments from keeping these criminals off
the streets. My colleagues should remember
that it was a Federal judge in a Federal court
who ruled that the death penalty is inappropriate
for sex offenders. Instead of endorsing
a bill to let people know when a convicted
child molester or rapist is in their neighborhood
after being released, perhaps we should
respect the authority of State courts and legislators
to give child molesters and rapists the
life or even death sentences, depending on
the will of the people of those States.
2005 Ron Paul 97:6
Just as the Founders never intended the Congress to create a national police force,
they never intended the Federal courts to dictate
criminal procedures to the States. The
Founding Fathers knew quite well that it would
be impossible for a central government to successfully
manage crime prevention programs
for as large and diverse a country as America.
That is one reason why they reserved to the
States the exclusive authority and jurisdiction
to deal with crime. Our children would likely be
safe today if the police powers and budgets
were under the direct and total control of the
States as called for in the Constitution.
2005 Ron Paul 97:7
Finally Mr. Chairman, this legislation poses a threat to constitutional liberty by taking another
step toward creating even more Federal
“hate crimes” laws. So called “hate crimes”
add an extra level of punishment for the
thoughts motivating a crime — as if murder or
robbery motivated by “hate” is somehow more
offensive than murder or robbery motivated by
greed or jealously. Laws criminalizing thought,
instead of simply criminalizing acts of aggression
against persons and property, have no
place in a free society.
2005 Ron Paul 97:8
In conclusion, Mr. Chairman, since H.R. 3132 further burdens State and local law enforcement
with unconstitutional Federal mandates
that may make it tougher to monitor true
threats to children, I encourage my colleagues
to reject this bill. Instead, I hope my colleagues
will work to end Federal interference
in State laws that prevent States from effectively
protecting children from sexual predators.
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