Feds Blackmail States….Again

June 10, 2009

Library of Congress : HR 2674 IH (Protecting America’s Children Act of 2009)-Introduced in House.

SEC. 2. BYRNE GRANT FUNDING CONDITIONED ON CERTIFICATION OF CERTAIN PRE-TRIAL RELEASE PROTECTIONS.

(a) Limitation on Funding-
(1) BYRNE GRANTS RESTRICTED- Notwithstanding any other provision of law, the Attorney General shall not provide any funds authorized under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) (whether characterized as the Edward Byrne Memorial Justice Assistance Grant Program, the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Local Government Law Enforcement Block Grants Program, or otherwise) to any State or unit of local government for any fiscal year for which the State or unit of local government, respectively, fails to meet the requirement under subsection (b).

(b) Requirement To Provide Certification of Pre-Trial Release Protections- For purposes of subsection (a)(1), the chief executive officer of a State or unit of local government shall submit to the Attorney General for a fiscal year a certification, in accordance with such form, manner, and time as specified by the Attorney General, that the laws of the State or unit of local government, respectively, provide adequate protection against the pre-trial release of individuals described in subsection (c)(1). For purposes of the previous sentence, in order to demonstrate adequate protection the certification must provide that the laws of the State or unit of local government, respectively, provide for at least the measures described in subsection (c).

In other words, the federal government wants to blackmail states (again) with the threat of withholding Byrne Funding to any state which allows an accused sex offender to be released on bail/bond prior to his trial. Not only is this an unconstitutional act, but also is in violation of the Federalism doctrine, which prevents the Federal Government from dictating to states the way they conduct their business.

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