Back in 2018, during the comment period for the ATF’s “redefinition” (criminalization) of previously “ATF-approved” bump stocks, I wrote an article that was titled: The First Question is Always Jurisdiction. In the years since then, I’ve come to realize just how crucial it is to understand federal jurisdiction and to be ready to challenge it whenever the government strays outside of its constitutional fences.
It Started 90 Years Ago
Federal jurisdiction became grossly over-applied in the early 1930s, as the Prohibition Era was nearing its end. With the passage of the National Firearms Act of 1934 (enforced by the Treasury Department), Federal policing increased. As the Great Depression deepened, a huge list of “Alphabet Soup” agencies was launched by Congress. Many of these three-letter agencies brought with them new Federal policing powers. Consequently, this broadened both the power and frequency of use of federal courts. More courts and more convictions of course meant building and staffing more federal prisons.
With the end of Prohibition in 1933, new perceived threats were created: marijuana and narcotics. Decades later, the DEA was established. Meanwhile, the FBI grew in power. The IRS developed a burgeoning enforcement arm. The Securities and Exchange Commission (SEC) began referring more cases for prosecution. Eventually, the National Park Services, Fish and Wildlife Service (FWS), and even the EPA got into the act. More and more federal agents began carrying badges and pistols.
Today, there are no less than 51 federal law enforcement agencies, and at least 200 more federal agencies that have more limited law enforcement authority. There are more than 3,000 codified federal crimes, with more added every year. Presently, there are 142,441 federal inmates in Bureau of Prisons (BOP) custody. The conviction rate for Federal criminal courts is astoundingly high. Only about 2% of federal criminal defendants go to trial — 97% accept plea bargain convictions. The Pew Research Center tabulated that of the 79,704 defendants who were under federal charges in 2018, only 320 received acquittals in trials. There were convictions in 99.96% of all other cases referred by the U.S. Attorney’s Office. Of the acquittals, judges acquitted 38% of the defendants in the cases that they decided. But juries only handed down acquittals in 14% of their trials.Continue reading“Fencing In Federal Jurisdiction”