As part of an ongoing series, the Heritage Center for Legal and Judicial Studies periodically identifies a “Bill of the Week” that relates to the problem of overcriminalization in America. Our Bill of the Week segment usually highlights a piece of legislation that, due to its underlying policies, exacerbate the …
Prosecution for exercising one’s free speech rights is becoming a trend in the current Administration and the Department of Justice (DOJ). In April, the Legal Center highlighted the DOJ’s outrageous prosecution of Mary Susan Pine, a pro-life advocate. Thankfully, when the rubber hit the road, the DOJ lawyers had nowhere …
Imagine the police knocking on your door because you mistakenly forgot to fill out an obscure form required by foreign law before opening up a small business. Imagine your 80-year-old mother being arrested for failing to place the appropriate sticker on an otherwise properly shipped package. Imagine your cancer-stricken neighbor …
Although the Supreme Court Justices are tight-lipped, most everyone else has condemned President Obama for the attack he launched at the judiciary on Monday. Even the Washington Post editorialized that “the comments strayed perilously close to a preemptive strike on the court’s legitimacy.” On Monday, Obama – who often is …
As part of an ongoing series, Heritage’s Center for Legal and Judicial Studies identifies a “Bill of the Week” which impacts overcriminalization in America. The Contracting Oversight for Small Business Jobs Act of 2012 is a classic example of the overcriminalization of fraud. Senior Legal Fellow Paul Larkin has gone …
One of the three aspects of overcriminalization that we highlight in our weekly e-mail alerts is “Federalizing crime that properly belongs under state and local jurisdiction.” This edition, the first in a series entitled “Overcriminalization Bill of the Week,” contains a textbook example of such a policy mistake. The State …
Perhaps not so surprisingly, Washington politicians on both sides of the aisle are opposed to the recent change by Representative Eric Cantor (R–VA) and the House of Representatives in eliminating the so-called public corruption amendment that was proposed by Senators Patrick Leahy (D–VT) and John Cornyn (R–TX) and attached to …