Hate-Crimes Bill Itself a Hate-Crime
by
Paul Craig Roberts
by Paul Craig Roberts
When
Republicans get into power they lose their principles
Federalizing
crimes is a Republican taboo, because it encroaches on the rights
of states, clogs federal courts and conflicts with the courts’ traditional
functions. And it can result in double jeopardy and duplicate punishments.
These
sound arguments are now being abandoned as Republican Senator Orrin
Hatch joins with Democratic Senator Ted Kennedy to expand the federal
government’s power to prosecute "hate-crimes."
"Hate-crimes"
are defined as violent acts motivated by prejudice based on race,
gender, disability or sexual orientation. A senate staffer told
the Washington Times that one purpose of the bill was to place the
weight of the federal government on the side of the homosexual lifestyle.
There
is nothing new in politicians pandering to special interests. However,
"hate-crimes" bills pander in ways that violate the 14th
Amendment by creating unequal standing in law.
Hatch’s
bill assumes that women need protection from men’s hatred, blacks
need protections from the hatred of whites, the disabled require
protection from being hated by the able-bodied, and homosexuals
need protecting from heterosexuals.
The
effect of Hatch’s bill is to divide the population into a victim
class and a perpetrator class: White, heterosexual, able-bodied
males (WHAMs) are the perpetrators, and everyone else their victims.
If
a homosexual is assaulted, a hate-crime will have been committed
in addition to the crime of assault. But if a heterosexual is assaulted,
it will merely be an act of assault. Similarly, if a black is assaulted,
robbed or murdered, a hate-crime charge will be added if the assailant
is white. Rape itself can become a hate crime.
Hate
does play a role in some murders, but usually it is hatred of a
person, not of a race or gender or sexual orientation. Most
cases of assault result from the workings of alcohol or from anger.
Robbery results from a desire for money, and rape is driven by lust.
Once
the new law is on the books, there will be demands that it be enforced.
In the majority of cases, prosecutors will have no basis but presumption
for the hate-crime charge. If the victim is in a "protected
category"(blacks, females, disabled, homosexuals) and the perpetrator
is a WHAM, a hate-crime can be presumed.
This
pattern is already established. Prosecutors did not presume a hate-crime
when two black males raped and sodomized two white couples, afterward
shooting each in the head. Neither were two homosexuals charged
with hate-crime when they sodomized and killed a 13-year old boy,
nor were the black gangs that, acting out rap lyrics to "beat
a white boy into the *#!*# ground," attacked and brutalized
white University of Virginia students.
However,
Lonnie Rae, a WHAM, was charged with a hate-crime in Idaho when
his temper got the best of him and he used the n-word when confronting
the black male who assaulted his wife. White Michigan housewife
Janice Barton was jailed when a deputy sheriff overheard her using
the word "spic" in a private conversation with her mother.
The
Hatch-Kennedy bill will set the double standard in federal concrete.
The
Hatch-Kennedy bill means that WHAMs will have to suffer abuse, verbal
or otherwise, from "protected categories." A WHAM who
stands up for himself or his wife risks being charged with a hate-crime.
WHAMs who cannot accept the double standard will end up in jail.
Before
senators legislate into law the liberal myth that white men are
the source of hatred in society, they might visit the Violently
Racist Music website and ponder black rap lyrics:
"kill
d’white people; we gonna make them hurt"
"niggas
in the church say: kill whitey all night long"
"cracker
in my way; slit his throat; watch his body shake"
"these
devils make me sick; I love to fill them full of holes"
"we
need your participation in the Caucasian assassination"
Sodomizing
white women is another popular theme. See this
song where the victim is Vice President Cheney’s wife.
Black
rap has a number of white apologists, but any white who sang about
"killing niggas" would be arrested along with the recording
studio.
In
defense of his bill, Senator Hatch says: "nobody should be
discriminated against." Trouble is, his bill discriminates
against white Americans.
To
his credit, Hatch tried to limit somewhat the scope of federalized
crimes and to raise the bar of proof that a crime was motivated
by hate. Hatch, however, is smart enough to know that his efforts
are pointless. Prosecutors compete to find more expansive ways to
interpret any law, regardless of what the statute says.
Just
as the application of asset freezes has expanded far beyond the
Mafia and asset forfeiture has expanded far beyond drug dealers,
the brand new Patriot Act is already being used to prosecute crimes
that have nothing to do with terrorism. Likewise, the Hatch-Kennedy
bill will be used to find hate wherever prosecutors want it to be.
Swedish
socialist Gunnar Myrdal destroyed the equal protection clause of
the Constitution when he convinced white liberals that democracy
could not remedy racial segregation, because all whites are racists
by definition. As Lawrence Stratton and I show in our book, The
New Color Line, Myrdal’s assertion is the basis for 50
years of federal court decisions and civil rights laws that have
institutionalized the presumption of white racism in law.
Senators
Hatch and Kennedy’s reinterpretation of ordinary felonies as manifestations
of the racist impulses of whites is the natural consequence of the
Myrdal legacy. White Americans have become second-class citizens
in their own country and are set up for persecution under hate-crime
laws.
November
15, 2003
Dr. Roberts [send him mail]
is John M. Olin Fellow at the Institute for Political Economy, Senior
Research Fellow at the Hoover Institution, Stanford University,
and Research Fellow at the Independent Institute. He is a former
associate editor of the Wall
Street Journal and a former assistant secretary of the U.S. Treasury.
He is the co-author of The
Tyranny of Good Intentions.
Copyright
© 2003 Creators Syndicate
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