View Single Post
Old 09-27-2007, 10:41 PM   #18
Atlanta Dan
Atlanta Dan's Avatar

Join Date: Oct 2005
Posts: 15,755
Member Number: 728
Thanks: 2,824
Thanked 9,189 Times in 4,001 Posts
Default Re: Prosecutors to seek indictments on vick

Originally Posted by Godfather View Post fact I'm not a fan of the feds being involved in criminal justice. There's that little thing called the Constitution.
Who would you suggest criminally prosecute defrauding the Pentagon, ripping off Medicare, international drug trafficking, espionage, and engaging in securities fraud - Poindexter and Marcia Clark?

If you engage in criminal activity that affects interstate commerce the Constitution provides for federal authority to regulate the activity under the Commerce Clause. If you have 50 States all attempting to get a piece of an interstate crime you get chaos and (for major white collar crimes) economic inefficiencies. (e.g. - remember the Sopranos episode when the local prosecutor who tried to nab Tony on the gun charge nearly screwed up the Feds RICO case?)

I agree whether dog fighting should be a federal crime is a legitimate policy issue and presents a significant question as to whether Congress should be passing criminal statutes on that matter.

Nevertheless, crooks attempting to avoid federal prosecution by saying a criminal statute is unconstitutional can argue the conduct does not impact interstate commerce but usually have not gone too far with that argument over the last 60 years with the Warren or Rehnquist Courts.

Last edited by Atlanta Dan; 09-27-2007 at 10:55 PM.
Atlanta Dan is offline   Reply With Quote