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Fair Weather Federalism and the Blue Lives Matter Act

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Ilya Somin has this post with the above title at the Volokh Conspiracy on the WaPo site.

H.R. 4760, the Blue Lives Matter Act of 2016," is a sweeping bill to make assaults on police officers a federal offense, adding to the list of federal "hate crimes."

Of course it is true that blue lives matter.  It is also true that the police are under attack and need the support of the law-abiding people of this country.  It is also true that the road to hell is paved with good intentions.

Crimes against persons are generally matters of state law.  At times it has been necessary to stretch the boundaries of federal jurisdiction when states were failing in their constitutional obligation to provide equal protection of the laws, such as the murders of civil rights workers over half a century ago. 

Those dark times are long behind us.  State governments are perfectly capable of prosecuting crimes against police officers.  Federalizing the issue will not help.

The lines between state and federal jurisdiction are there for good reasons.  We should be restoring and fortifying them, not punching new holes in them.

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