Comments on: My New Favorite "Activist Judge" http://www.kipesquire.net/2008/02/my-new-favorite-activist-judge/ A Stitch in Time Saves Nine ... But Haste Makes Waste Mon, 29 Nov 2010 16:02:21 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Alec http://www.kipesquire.net/2008/02/my-new-favorite-activist-judge/comment-page-1/#comment-5959 Alec Thu, 28 Feb 2008 01:53:04 +0000 http://www.kipesquire.net/?p=3971#comment-5959 Alas, the federalization of virtually all criminal activity is just a way of life. Felons in possession? Federal. Drug possession? Federal. Hate crimes? Federal. Of course, the states have not been much better, but at least they are supposed to be exercising general jurisdiction. <BR /> <BR /> More troubling from the perspective of virtually everyone across the political spectrum is the spectre of preemption that is lost in discussions over federal power. Preemption jurisprudence, much like standing, is close to nonsensical. When combined with federal criminal laws it could prove to be explosive indeed. Alas, the federalization of virtually all criminal activity is just a way of life. Felons in possession? Federal. Drug possession? Federal. Hate crimes? Federal. Of course, the states have not been much better, but at least they are supposed to be exercising general jurisdiction.

More troubling from the perspective of virtually everyone across the political spectrum is the spectre of preemption that is lost in discussions over federal power. Preemption jurisprudence, much like standing, is close to nonsensical. When combined with federal criminal laws it could prove to be explosive indeed.

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