An important citizen protection against government is the rule that in criminal prosecutions, criminal statutes are interpreted strictly. In other words, if the government wants to punish someone for violating a statute, it has to show that the defendant’s behavior was illegal beyond a reasonable doubt under the clear wording of the statute. Citizens are not held criminally responsible for guessing “wrong” about the meaning of an ambiguous law.

A recent case seems to violate that rule. In United States v. Esquenazi, two defendants were sentenced to substantial prison terms for allegedly violating a statute that was unclear and never had been authoritatively interpreted by a court. The Independence Institute has joined with the Washington Legal Foundation in a “friend of the court” brief asking for Supreme Court review.

* * * *

Speaking of inappropriate behavior by prosecutors: When announcing his resignation, Attorney General Eric Holder told the press, “as a young boy, I watched Robert Kennedy prove during the Civil Rights Movement how the department can — and must — always be a force for that which is right.”

Two aspects of this statement help to explain Holder’s record at the Justice Department. The first is his reliance on Robert Kennedy as a model. Kennedy was one of our most political attorneys general—notorious for turning his position of trust into an instrument of hard-knuckle, partisan politics.

The other is Holder’s statement that the department must “always be a force for that which is right.” But that is not the A-G’s job. The A-G’s job is to enforce the law as written and to advise the government on what the law means. He has no right to expand or contract the law based on his personal political views.

In our democratic republic, it is the prerogative of the elected members of Congress decide what is right—not the prerogative of an unelected attorney general.

On the breakdown of the rule of law in America during the last few years, see my posting here. Another post, discussing U.S. v. Windsor, is also relevant.

Rob Natelson

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history - and today.

nullification