WHO'S WARNING ABOUT THE HATE BILL?
By Rev. Ted Pike
14 Feb 07
The federal “anti-hate” bill, HR 254, is stealth legislation
at its most devious. Its language deceives all but the most suspicious
and informed. Maybe this helps explain why most evangelical watchdog
organizations do little or nothing to sound the alarm, even though
the hate bill has been in the House of Representatives for six
weeks!
On seven of the top ten conservative websites, I found no mention
of the David Ray Hate Crimes Prevention Act (HR 254). The only groups
which did mention it were Focus on the Family, World Net Daily and
Concerned Women for America. When several
friends and I called D. James Kennedy's Coral Ridge Ministries, American
Family Association, and Jerry Falwell Ministries, they promised to
research the hate bill immediately.
But this legislation is so disarmingly worded that even Christians
and conservatives contact me to ask, “This bill just wants
federal power to prosecute bias-motivated violent crimes in the states—what’s
wrong with that?”
There’s plenty wrong with that!
What’s the Threat?
The Constitution does not grant federal government the police state
privilege of intervention in local law enforcement. Unless the government
finds evidence of slavery in the states, jury tampering, voter fraud,
or crimes involving interstate commerce (where jurisdiction is unclear),
the Constitution’s message to the federal government is blunt
and emphatic: “Butt out of local law enforcement!”
But HR 254 gives the government the right to do what the Constitution
forbids. Because five states do not have hate laws, this bill says
the government has no choice but to “enhance federal enforcement
of hate crimes” and “increase the number of [federal]
personnel to prevent and respond to alleged violations [of hate crimes
in the states]” (Introductory Statement of Purpose and Sec.
7). HR 254 asserts hate crimes and lack of effective countermeasures
on the state level is a "serious national problem" necessitating
federal intervention (Sec. 2[1])
The hate bill strains to find any pretext whereby a federal hate
crimes bureaucracy can take over local law enforcement. Its arguments
toward this end are so absurd they insult the reader’s intelligence.
Sneaking Around the Constitution
In order to evade the Constitution’s clear limitations on
federal intervention in law enforcement, HR 254 alleges that hate
crimes are actually…slavery! “Violence motivated by
bias is a relic of slavery that can constitute badges and incidents
of slavery.” (Sec. 2, 8)
HR 254’s second absurd ruse is that hate criminals affect
interstate commerce, by terrorizing their victims into traveling
across state lines - or not. In the latter case such victims may
be impeded in purchasing many products imported or exported across
state lines, which adversely affects state economies. Also, since
weapons of hate violence may have been imported from out of state
or traveled across state boundaries, the government is entitled to
intervene in "crimes involving interstate commerce."
Considering the pervasive influence of interstate commerce upon
our lives, how often can the government meddle in local hate crimes
enforcement? Any time. In fact, this ridiculous argument could be
used to justify federal intervention in a crime of any
kind, since
any crime victim might be scared into different spending or traveling
choices.
Frighteningly, HR 254 says its goal is to "prevent and respond
to alleged violations" of federal hate crimes laws. This means
the government does not even have to wait until a hate crime has
been committed but may act preemptively to "prevent" crime.
Further, penalties for violation of federal anti-hate law can be
extremely severe, even tripling the normal penalties. 1 For example,
what if a man calls a woman "bitch" (evidence of bias motivation
against woman, a federally protected group under HR 254) and attempts
to rape her, but fails. If convicted of this assault, he could be
sentenced to prison for the rest of his life. (Sec. 4[B][B,ii]).
HR 254 Shatters Civil Rights
America’s justice system requires proof of physical tangible
damage before an arrest can be made. Our English system of law evolved
over at least 3500 years from both biblical and Roman legal precedent.
HR 254 is not based on this foundation. It seeks to establish a
different "bias motivation" justice system, which will
be defined in courts by judges, as has happened in Canada over the
past 36 years. Closely advised and pressured by ADL, 2 these federal
and local (and mostly liberal) judges will establish legal precedents—precedents
that protect groups such as homosexuals not only from physical bias-motivated
violence but also from “verbal violence.” This will include
the “hate speech” of Bible-believing evangelical Christians.
This is exactly what has occurred in Canada and the many European
nations who accepted hate laws’ Orwellian chains.
HR 254 thus does more than violate states’ rights in law
enforcement. It also leads inexorably to an end of free speech!
We Need You Now
The powerful Anti-Defamation League of B'nai B'rith is determined
to pass the hate bill in their Democrat-controlled Congress. ADL
has vowed it will never give up until a federal hate crimes bureaucracy,
like it established in Canada, shackles the United States. ADL has
weathered six rejections of their hate bill by Congress since 1998.
Their tenacity doesn’t come from concern for the emotions or
safety of homosexuals. ADL is using the powerful homosexual lobby
as a tool to pass a law that will ultimately make it a hate crime,
punishable by prison or deportation to Israel, to criticize Zionism
or matters Jewish. (See, David Irving,
like Galileo, Victim of 'Thought Crimes' Inquisition)
I never thought I would see the day when legislation so enormously
destructive to freedom would be virtually unopposed by the religious
right. 3 Incredibly, the many thousands of participants with the
National Prayer Network (www.truthtellers.org), through massive calling
and mailing of my hate crime flyer to Congress, have delivered the
primary protest against imminent passage of HR 254.
Yet, we desperately need assistance from the vast constituencies
of conservative evangelical organizations. These groups claim to
protect America and our freedom. Yet they have been virtually oblivious
to a very present danger that threatens to wipe away our freedom
to fight all other battles. If we allow the hate bill to pass, we
will soon have no free speech left with which to protest evils like
abortion or the redefinition of marriage. The present silence of
most Christian/conservative organizations is ensuring their future
death.
National Prayer Network can’t win alone. Freedom of speech
is America’s lifeblood. It is the precious birthright of all Americans. Many, many more individuals—liberal and conservative,
Democrat and Republican, Christian and non-Christian—must help
us save this freedom now.
Endnotes:
1 This is mandated by ADL's Violent Crime and Law Enforcement
Act of 1994.
2 ADL obtained such a mandate through passage of their Hate Crimes
Statistics Act of 1990. It gave them power to teach U.S. Justice
Department, FBI, and local police their twisted definitions of hate
crimes and how to report them. It is out of 25 years of such indoctrination
that ADL intends to create its national hate laws gestapo and police
state.
3 As of Tuesday, Feb. 13, 2007, important conservative websites where
we could find no mention of the David Ray Hate Crimes Prevention
Act, HR 254, include:
- Coral Ridge Ministries
- Renew America
- Jerry Falwell Ministries
- Christian Coalition of America
- Family Research Council
- Gary Bauer's American Values
- Traditional Values Coalition, while
containing nothing about HR 254 on its website, has emailed alerts
concerning the bill.
HR 254 is presently assigned to the House Judiciary Committee,
but as a streamlined version of a bill that previously passed in the
House, it could race forward to passage very quickly. Call all 40 members,
available at www.truthtellers.org and protest.
Also call your House member and two state senators at 1-877-851-6437.
Send them and their influential legislative aides Rev. Ted Pike's flyer, "Anti-Hate
Laws Will Make You a Criminal." All this information is available
at www.truthtellers.org.
TALK SHOW HOSTS: Interview Rev. Pike! Call 503-631-3808.
National Prayer Network, P.O. Box 828, Clackamas,
OR 97015
*********
This is the primary text of HR 254, the David Ray Hate Crimes Prevention
Act of 2007. This is a much shorter version of S 1145 which failed
passage in the Senate last year. ADL, desperate to pass their hate
bill, has deleted many items and is concentrating in this new streamlined
version on getting what they want most: establishment of a bias-oriented
justice system in American and union of federal and local police
powers (creating a police state). With this foundation, ADL can then
rely on federal and local judges to expand jurisdiction from violent
physical crimes to verbal violence against protected groups.
110th CONGRESS
1st Session
H. R. 254
To enhance Federal enforcement of hate crimes, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Ms. JACKSON-LEE of Texas introduced the following bill; which was
referred to the Committee on the Judiciary
A BILL
To enhance Federal enforcement of hate crimes, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `David Ray Hate Crimes Prevention Act of 2007'
or `David's Law'.
SEC. 2. FINDINGS.
(1) the incidence of violence motivated by the actual or perceived race,
color, national origin, religion, sexual orientation, gender, or disability
of the victim poses a serious national problem;
(2) such violence disrupts the tranquility and safety of communities and
is deeply divisive;
(3) existing Federal law is inadequate to address this problem;
(4) such violence affects interstate commerce in many ways, including--
(A) by impeding the movement of members of targeted groups and forcing
such members to move across State lines to escape the incidence or risk
of such violence; and
(B) by preventing members of targeted groups from purchasing goods and
services, obtaining or sustaining employment or participating in other
commercial activity;
(5) perpetrators cross State lines to commit such violence;
(6) instrumentalities of interstate commerce are used to facilitate the commission
of such violence;
(7) such violence is committed using articles that have traveled in interstate
commerce;
(8) violence motivated by bias that is a relic of slavery can constitute
badges and incidents of slavery;
(9) although many local jurisdictions have attempted to respond to the challenges
posed by such violence, the problem is sufficiently serious, widespread,
and interstate in scope to warrant Federal intervention to assist such
jurisdictions; and
(10) many States have no laws addressing violence based on the actual or
perceived race, color, national origin, religion, sexual orientation, gender,
or disability, of the victim, while other States have laws that provide
only limited protection.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term `hate crime' has the same meaning as in section 280003(a)
of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994
note).
SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and (e),
respectively; and
(2) by inserting after subsection (b) the following:
`(c)(1) Whoever, whether or not acting under color of law, willfully causes
bodily injury to any person or, through the use of fire, a firearm, or an
explosive device, attempts to cause bodily injury to any person, because
of the actual or perceived race, color, religion, or national origin of any
person--
`(A) shall be imprisoned not more than 10 years, or fined in accordance with
this title, or both; and
`(B) shall be imprisoned for any term of years or for life, or fined in accordance
with this title, or both if--
`(i) death results from the acts committed in violation of this paragraph;
or
`(ii) the acts committed in violation of this paragraph include kidnapping
or an attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
`(2)(A) Whoever, whether or not acting under color of law, in any circumstance
described in subparagraph (B), willfully causes bodily injury to any person
or, through the use of fire, a firearm, or an explosive device, attempts
to cause bodily injury to any person, because of the actual or perceived
religion, gender, sexual orientation, or disability of any person--
`(i) shall be imprisoned not more than 10 years, or fined in accordance with
this title, or both; and
`(ii) shall be imprisoned for any term of years or for life, or fined in
accordance with this title, or both, if--
`(I) death results from the acts committed in violation of this paragraph;
or
`(II) the acts committed in violation of this paragraph include kidnapping
or an attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill.
`(B) For purposes of subparagraph (A), the circumstances described in this
subparagraph are that--
`(i) in connection with the offense, the defendant or the victim travels
in interstate or foreign commerce, uses a facility or instrumentality of
interstate or foreign commerce, or engages in any activity affecting interstate
or foreign commerce; or
`(ii) the offense is in or affects interstate or foreign commerce.'.
SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines- Pursuant to its authority under
section 994 of title 28, United States Code, the United States Sentencing
Commission shall study the issue of adult recruitment of juveniles to commit
hate crimes and shall, if appropriate, amend the Federal sentencing guidelines
to provide sentencing enhancements (in addition to the sentencing enhancement
provided for the use of a minor during the commission of an offense) for
adult defendants who recruit juveniles to assist in the commission of hate
crimes.
(b) Consistency With Other Guidelines- In carrying out this section, the United
States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other Federal sentencing
guidelines; and
(2) avoid duplicative punishments for substantially the same offense.
SEC. 6. GRANT PROGRAM.
(a) Authority To Make Grants- The Administrator of the Office of Juvenile Justice
and Delinquency Prevention of the Department of Justice shall make grants,
in accordance with such regulations as the Attorney General may prescribe,
to State and local programs designed to combat hate crimes committed by juveniles.
(b) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to carry out this section.
SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE
AND LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the Treasury and
the Department of Justice, including the Community Relations Service, for
fiscal years 2007, 2008, and 2009 such sums as are necessary to increase
the number of personnel to prevent and respond to alleged violations of section
245 of title 18, United States Code (as amended by this Act)
