Environmental activists come in all temperaments, but the ones
who carry their philosophy to an extreme have earned a pithy
nickname at the Sport Utility Vehicle Owners of America
headquarters in Washington, D.C.: "eco-terrorists." Experts there
are well acquainted with them. Indeed, they say they can plot the
routes these activists will take after they leave various "green"
conclaves.
The first attack, which will take place within 200 miles of the
meeting, will feature vandalism on SUVs parked at an auto
dealership. Then, about a day's drive away, another attack will
occur in which nasty messages, such as "Fat, Lazy American," are
spray-painted on SUVs. Then, perhaps they'll dip south and set a
home on fire, as they did in San Diego and Indiana last year, or
vandalize a store, set off homemade bombs or commit some other
crime.
After about a week, the attacks will fizzle. The eco-terrorists
will have returned home. They don't do this to their own
neighborhoods.
SUVOA officials are right to consider these vandals criminals. And
SUV owners are right to call on government to find those
responsible and get them off the streets.
But they're wrong to call for federal legislation to make
vandalizing SUVs a federal crime with federal penalties. Local and
state laws already make vandalizing vehicles or setting off bombs
illegal. Local and state laws forbid trespass onto private property
or damaging someone else's belongings. And local and state laws are
at least as effective -- if not more so -- than federal statutes at
preventing crime.
Ask those who worked to make carjacking a federal crime. Moving
jurisdiction over this crime to federal hands didn't impress the
nation's carjackers. The law did nothing to cut the incidence of
carjacking or improve the chances that perpetrators would be
caught.
Yet after SUVs made at a factory in his district were vandalized,
Rep. Chris Chocola, R-Ind., introduced legislation that would make
ecoterrorism a federal crime. It may seem a relatively inexpensive
and harmless solution to a growing problem. But it may, in some
circumstances, bring about less enforcement of laws against
vandalizing SUVs and less of what the Sport Utility Vehicle Owners
of America and others say they want -- protection for SUV
owners.
Why? When the United States began, there were three federal crimes:
counterfeiting, treason and piracy. The reasons these crimes had to
be federalized are obvious -- counterfeiting dilutes the value of
all our money; treason endangers the entire nation; and pirates
couldn't be permitted to flee from one state to another, or onto
the high seas, to avoid prosecution.
Today, the Congressional Research Service can't calculate how many
federal crimes there are. The American Bar Association says there
are more than 3,000 separate criminal offenses and 40 percent of
those were passed in the last 30 years. There are at least 10,000
offenses in all, counting regulations that carry criminal
penalties. It's likely that more are on the way, given that courts
exercise no restraint on what should be a federal criminal law.
And, as a variety of legal experts have noted, no limits on federal
criminal law means no limits on prosecutorial discretion.
Why would this be a problem? Take a prosecutor who has before him a
suspect accused of attempting to build a dirty bomb for al Qaeda, a
public figure accused of insider trading on the stock market, the
kingpin of an area cocaine ring, and a scrubby-faced pair of
"environmentalists" in for spray-painting messages on SUVs. The SUV
owners will be lucky if the prosecutor gives them the time of
day.
Conversely, local law enforcement authorities have a responsibility
to the taxpayers -- personal and corporate -- who pay their
salaries. They are the first line of defense between eco-terrorists
and their own communities. Wouldn't attacks on SUVs be a higher
priority for them?
Besides, if the law were enforced, it would waste limited federal
resources and provide a ready excuse if local law enforcement
failed in its primary responsibility.
No one can blame SUVOA for wanting the "biggest" solution to its
problem. And no one can deny that groups such as the Earth
Liberation Front have caused millions of dollars of damage to
vehicles and businesses nationwide.
But a new federal law -- soon to be lost among the thousands of
other federal laws and prosecuted indifferently by overwhelmed U.S.
attorneys with bigger fish to fry -- is not the best
solution.
Paul Rosenzweig
is a senior legal research fellow in the Center for Legal and
Judicial Studies at The Heritage Foundation and adjunct professor
of law at George Mason University. Trent England is a Legal Policy
Analyst for The Heritage Foundation.
Distributed nationally on the Knight-Ridder Tribune wire.