The Tenth Amendment makes this clear. By contrast, federal hate crimes laws appear to be part of a trend to federalize crime. The federal government has already usurped much of the authority which has traditionally been the exclusive domain of states. Hate crimes should not follow this trend. Finally, a federal hate crimes law would create a double jeopardy problem.
Double jeopardy means a defendant is tried for the same crime twice.
The Fifth Amendment prohibits it. This violates the intention of the constitutional prohibition of double jeopardy, if not the letter of the law.7 Conclusion All crimes are abominable and should be prosecuted to the full extent of the law. Crimes committed against people based on their sexual behavior are no exception. First Amendment rights and continue to erode the principles of federalism. End Notes 1.