Rand Paul: “the Gang Deterrence and Community Protection Act, (H.R. 1279), is the latest example of Congress disregarding its…”

“the Gang Deterrence and Community Protection Act, (H.R. 1279), is the latest example of Congress disregarding its constitutional limitations in the name of ``getting tough on crime.'' Gang crime is certainly a serious issue in many parts of the country. However, unless criminal gangs are engaging in counterfeiting, treason, or piracy, the federal government has no jurisdiction over the criminal activities of gangs. In fact, by creating new federal crimes related to gang activities, but unrelated to one of the federal crimes enumerated in the Constitution, the new federal crimes and enhanced penalties in this bill usurp state and local authority. H.R. 1279 broadly defines ``criminal street gangs'' and ``gang activity.'' This is a major expansion of Federal criminal jurisdiction. Chief Justice William H. Rehnquist and former U.S. 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 . . .…”