Everyone’s a criminal in Uncle Sam’s eyes
The current Congress appears capable of handling only a single major issue at a time — this month it’s been the national debt ceiling. As a result, other important matters fester without resolution. Unfortunately, one of these topics — overcriminalization — may not be one either the Congress or the administration has any interest in tackling. They should; failure to address the overcriminalization of America is turning us into a society in which the average citizen is at the mercy of the federal government for fear of running afoul of some criminal law or regulation on any given day, despite having no intention whatsover of doing so.
The explosive growth in the number of federal crimes in recent decades has been nothing short of phenomenal. Three crimes — three — were considered of sufficient importance and of a unique federal nature, to be included specifically in the Constitution. Those three uniquely federal crimes are treason, piracy and counterfeiting. Over the decades, of course, other crimes were added, usually pegged to the infamous “commerce clause.” By 1980, the federal criminal code had mushroomed to about 3,000 separate criminal offenses. What has happened since 1980, however, has been nothing short of phenomenal — the list of federal criminal offenses has exploded to nearly 4,500 offenses; as noted most recently by Gary Fields and John Emshwiller in the Wall Street Journal. This figure does not even include the many more thousands of federal regulations that can be enforced by the government as criminal offenses.
Moreover, as noted in former Attorney General Ed Meese’s introduction to the 2010 book, One Nation Under Arrest, by Paul Rosenzweig and Brian Walsh at the Heritage Foundation, an ever-increasing number of federal crimes, including many passed legislatively by the Congress, do not require the government to prove the defendant possessed either “criminal intent or a guilty mind.” This means that so long as a federal prosecutor can prove a person committed a prohibited act — even if they had no knowledge whatsoever that what they were doing was criminal, and they never intended to violate any federal law — the person can be found guilty, be sent to jail, and be forever handicapped with a criminal record.
This creates the situation in which, again as Ed Meese notes, “everyone is potentially a criminal” and the government can decide on its whim who to charge and which citizens “go to jail and who goes free.” Thus, you have the situation in which, as noted in the piece appearing in the Wall Street Journal by Fields and Emshwiller, former Indianapolis race-car legend, Bobby Unser, becomes lost while driving a snowmobile and accidentally drives onto “federal land,” thereby technically violating the Wilderness Act. He has a federal criminal record as the result of this 1996 incident.
Because another federal law, known as the “Lacey Act,” makes it a federal felony to import into the U.S. any fish or wildlife if doing so breaks another country’s laws, U.S. citizens find themselve with federal felony convictions because they might have brought an under-sized lobster into the U.S. simply because the laws of Honduras make it a crime to sell small lobsters. To emphasize just how absurd such prosecutions have become — Fields and Emshwiller document a case in which a small businessman was convicted of just such an offense, even though the Honduran courts had previously invalidated the small-lobster law.
The list of such unfair and outrageous instances of abusive federal prosecutions is depressingly long; with many the result of the explosive growth of “environmental crimes” since the birth of the EPA four decades ago. Yet Congress after Congress continues to add crime after crime to the burgeoning federal criminal code, based often on pressure from interest groups and federal agencies themselves.
How far will this pell mell rush to become “One Nation Under Arrest” go before someone — the Congress, a president, the Supreme Court — steps in and puts on the brakes? The overcriminalization of America has progressed way too far already. Yes, it is important to get a handle on federal overspending and the national debt; but if everyone’s in jail, there’s not a lot we can do about tackling these other problems.
By Bob Barr — The Barr Code
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97 comments Add your comment
fire eater
July 30th, 2011
8:43 am
This is one of the most important articles ever written by Bob Barr. 4,500 different Federal offenses?! This is EVIL. I believe this is a deliberate policy by the Establishment to have a vast array of “legal” weapons at their disposal to entrap potential enemies…Tea Partiers, beware…the Federal government is not your friend.
Directly related to this is the use of Federal law enforcement agencies to terrorize politically-active American citizens through the prodding of private thought-control groups like the ADL or SPLC.
caslosgvv
July 30th, 2011
9:07 am
I always get a laugh at those of you who think our Big Bad Govt. is out to get you. This is the same crooked incompetent Govt. that has allowed millions of illegals to come in and cannot even agree on how to lower our national debt. This incompetence is getting us dangerously close to default and yet you are concerned about their vast evil plan to get you. Can’t you see that, even if they are out to get you, they are so incompetent that being afraid of them is like being afraid of the Keystone Kops?
" to BIG to fail "
July 30th, 2011
10:12 am
The worst American criminals are members of the US. Congress.
attenpting to make the economy even worse during the “great recession”.
Greg Camp
July 30th, 2011
10:55 am
As a matter of principle, Federal law ought to cover such things as affect all of us. The environment is certainly one of those. That being said, I don’t see why the incident with the snowmobile doesn’t earn Unser at most a fine, along the lines of what speeding would do.
If Federal law would follow federalist and minimalist principles, there wouldn’t be a problem. But I’ve been accused of being an idealist. . .
saywhat?
July 30th, 2011
11:52 am
I agree with Bob. There are even some dipwads who want to pass laws actually making it ILLEGAL for doctors to ask their patients about guns in their home.How crazy is that? Oh wait……
Gerald West
July 30th, 2011
12:11 pm
Good topic, Mr. Barr. You put far too much blame on the federal Congress, and far too little on the 50 state legislatures.
State governments are anachronisms: they have little to do but cooperate with federal/state programs, and gerrymander electoral districts. But state legislatures continue to grind out ridiculous laws and impose preposterous penalties year after year.
For example, my local state representative once proudly sponsored a law that would make “morphing” a child a felony.
As Georgia is among the several states with stubborn, increasing unemployment, what would you expect to be the current hot topic with the legislature? It is the critical issue of whether counties should have the option to allow Sunday alcohol sales.
Karl Marx
July 30th, 2011
1:50 pm
Enter your comments here
Back at cha
July 30th, 2011
5:56 pm
“I always get a laugh at those of you who think our Big Bad Govt. is out to get you. ”
We also laugh at you too, carlos.
One term president
July 30th, 2011
5:56 pm
Obama: House Republicans wasted ‘precious days’ with Boehner plan
http://thehill.com/blogs/blog-briefing-room/news/174487-obama-house-republicans-wasted-precious-days-with-boehner-plan
Kamchak and getalife are both losers
July 30th, 2011
6:12 pm
Looks like Bookman closed his blog and the parasite losers who infest his blog have moved in on other blogs.
Get a job and a life, losers.
Kamchak
July 30th, 2011
6:16 pm
Not even here and my leg gets humped
Geez.
getalife
July 30th, 2011
8:11 pm
I am retired and have a pretty good life except for that hobbit attached to my leg.
Kamchak
July 30th, 2011
8:24 pm
I like humping legs. Nothing makes me feel better than to hump legs and spend 90% of my pathetic life trolling on blogs. My cult leader, Jay Bookman left town and I have nowhere else to go.
getalife
July 30th, 2011
8:25 pm
I live off of welfare and reside on Jay Bookman’s blog. I do my part in helping Jay keep his pathetic job at the AJC. Jay averages 15 cult followers per week and likes to pretend that he is relevant to the world of politics but really he has Thomas Friedman penis envy. Anyway, I gotta go spend some food stamps on booze.
Tranny Crapzilla
July 30th, 2011
8:29 pm
Hey look!!!! It’s Kamchak and getalife!!!!!! Hey losers, did your daddy end his fishing blog already?
Too bad, I loved reading your comments about well, nothing. You two are about as relevant as an eight track tape in a 76 VW Beetle. I love how getalife trolls the AJC blogs 24/7 posting things such as “cons” and “tea baggers.” Man, it must be awesome being a pathetic retard.
As for Kamchak, I see McDonald’s is hiring so be sure to send in a couple of applications. I’m sure they need fry guys and burger flippers.
Have a nice night, troglodytes.
ScamVet
July 30th, 2011
8:30 pm
“I am retired and have a pretty good life”
No, you’re a welfare recipient who blogs from the local library living in his mom’s basement.
Keep up the good crap
July 30th, 2011
8:31 pm
Hi Kamchak and getalife, man I was wondering if you and I were gonna meet up for our nightly World of Warcraft!
Communist AJC
July 30th, 2011
8:32 pm
Hi Kamchak,
I see you and getalife are still humping each other. Did you two have your inbred child yet?
LA
July 30th, 2011
8:33 pm
getalife has no job, no money and no family.
Midori
July 30th, 2011
8:35 pm
I only have one eye and my baby daddy left me for another woman.
getalife is an idiot
July 30th, 2011
8:36 pm
“The President has a secret plan.
I know what it is.
It starts when time is run out.”
This is the kind of crap getalife writes on an hourly basis because he has no job, no life and no friends. This retard actually believes that Bookman and all of Bookman’s cult followers are his friends.
AmVet
July 30th, 2011
8:36 pm
I served food in Vietnam and I hate America.
Kamchak
July 30th, 2011
8:59 pm
I wonder what ever happened to ol’ TuEsDaY VaNdY GiRl.
WOW
July 30th, 2011
9:14 pm
Kamchak,
I wonder what happened to your welfare check?
Kamchak
July 30th, 2011
9:20 pm
I wonder what happened to your welfare check?
Do you question why you wonder?
No matter, the check never came because I never applied.
Bookman's blog is the dung heap of the AJC
July 30th, 2011
9:25 pm
Series of events.
Barr’s blog is pretty stable and nice.
Kyle Wingfield’s blog is well written.
Cynthia Tucker’s blog is non-existent.
Jay Bookman’s blog is full of retards who sit around all day and argue with each other all day. Kamchak, Granny Godzilla, AmVet, Bosch, getalife, KUTGF, Midori, USUK etc. all sit around 24/7 and act as if they have some powerful voice. Day in and day out these retards spew garbage at people who disagree with them. This pretty much sums up what the day in the life of Jay Bookman really is about.
WOW
July 30th, 2011
9:27 pm
Kamchak
Little girl, you really do need to get a job and a life. You’ve stunk up Bookman’s and Kyle’s blogs for years and now your stinking up Bob Barr’s. At least have the dignity, what little you do have, and get a job. Maybe your low IQ can get you a job as a janitor or trash colector. Hey, take getalife with you.
“Do you question why you wonder?”
No, I question what little life you really have. Why, because you spend more time blogging than doing anything else but hey, I hear you and your gay lover can now get married in NYC, loser.
WOW
July 30th, 2011
9:28 pm
“I wonder what ever happened to ol’ TuEsDaY VaNdY GiRl.”
She probably graduated, got a job and makes fun of you from her corner office, retard.
Bosch
July 30th, 2011
9:29 pm
I like goats.
getalife
July 30th, 2011
9:32 pm
I speak in contractions.
I receive welfare checks.
I spend taxpayer dollars looking at gay porn.
I spend all my time writing things that make an entire short bus look smart.
Kamchak and I are gay lovers.
Kamchak
July 30th, 2011
9:33 pm
She probably graduated, got a job and makes fun of you from her corner office, retard.
You have a corner office?
LA
July 30th, 2011
9:34 pm
Kammy poo,
Look cupcake, in case you didn’t know it, you have no sway on any other blog. Bookman isn’t here to defend you and your bed buddy, getlife. IE: You’re a pathetic loser.
Kamchak
July 30th, 2011
9:39 pm
Commie
I don’t have any sway over anything except my own life. I have never deluded myself to think otherwise.
LA
July 30th, 2011
9:55 pm
Kamchak
Not my problem, ma’am. I just love it how you and the other Bookman trolls head over to Kyle’s and Bob’s to stink up their blogs. Your daddy goes on one little fishing trip and you and your boyfriends get your thongs in a wad. I love how you gals bring down every blog on the AJC opinion page. I mean, you retards will argue about anything because you all have no life.
PS: Tell AmVet and Granny I said “KISS MY ARSE!!!!!!!!!!”
LA
July 30th, 2011
9:57 pm
“You have a corner office?”
Gotta love the stupidity of a troglodyte like Kam. She can’t even get her bloggers names right. If you had half an IQ, you’d know that I am LA/WOW/Commie AJC, you moron. I am free to call you any name I please because your daddy can’t do anything since he’s too busy on a fishing trip in Brokeback Mountain.
AmVet
July 30th, 2011
10:10 pm
When ah I was in Vietman…..cough cough. ahahhhhhhhhhhhhh puuuuuuuuuuuuke….sorry folks, I drunk too much malt liquor tonight while beating my wife. Anyway, I hates me some corporations cuz Ralph Nadar told me too and I has no opinion except fer George W Bush is evil and Obama is awesome. I wuz a draft dodger like my home boy Bill Clinton wuz and we likes to look at dirty magazines and stuff. I like music from the 60’s cuz I dropped too much acid before I gots my GED. I ain’t got noz degree but I am smarter than George W Bush.
caslosgvv
July 31st, 2011
7:46 am
Back at cha
I know you laught at me. I also know you support, without any reservation, politicians who will gladly throw you under the bus and believe only in their narrow political dogma. So, while you are laughing at me, I look at you and wonder if maybe you were droped on your head at birth.
Kamchak
July 31st, 2011
12:19 pm
If you had half an IQ, you’d know that I am LA/WOW/Commie AJC…
You’ve omitted a few.
If you had half an IQ you would’ve realized that was my point.
Omeisha
July 31st, 2011
3:01 pm
Kamchak
July 31st, 2011
12:19 pm
Jay? That you? I thought you was vacationing @ some lake this week.
Kamchak
July 31st, 2011
3:15 pm
Jay? That you?
No.
Another episode of one word answers to a simple(ton’s) question.
Grand Forks
July 31st, 2011
4:19 pm
“If you had half an IQ you would’ve realized that was my point.”
What a profound comeback, loser.
Grand Forks
July 31st, 2011
4:20 pm
“Another episode of one word answers to a simple(ton’s) question.”
And the sprite sissy boy continues on his retarded half witted comebacks. Hey, maybe your cult leader Jay will bring you back a shiny ball from his trip.
Grand Forks
July 31st, 2011
4:21 pm
Omeisha
Kamchak is one of Jay’s litte cult followers who spends his entire life arguing with other bloggers about ridiculous crap. Most of us refer to him as “sissy boy” or “sprite.”
Who Dat's baby momma
July 31st, 2011
8:32 pm
Anyone here seen that no good, non child-support payin’ dead beat ’round these parts?
Redneck Convert (R--and proud of it)
July 31st, 2011
9:54 pm
Well, Barr is right. Tuck one little electric frying pan under your coat and forget to pay for it before you leave WalMart and the next thing you know you’re a criminal! What kind of world is that?
Anyway, Barr is a Great American. Anybody that prosecutes Clinton for doing you-know-what to that sweet little girl is OK in my book.
Glad to know where WOW went to. I was worried the boy got kilt in one of those downtown crime ghettos. Turns out he’s just halfway dead in the head.
Have a good Sabbath Night everybody. And I’m glad the folks here are all over this Aquagirl. She had some mighty unkind things to say about rednecks a couple years ago.
Everyone’s a criminal in Uncle Sam’s eyes | The Barr Code – Slinking Toward Retirement
July 31st, 2011
10:18 pm
[...] Everyone’s a criminal in Uncle Sam’s eyes | The Barr Code. Share this:EmailFacebookRedditDiggPrint Posted in Constitution, Law, Opinion, United [...]
Dr. John Trotter
July 31st, 2011
11:28 pm
Bob, you are absolutely on target with this article. I never trust the government. The government would make criminals of us all.