Senate’s Public Corruption Move Raises Overcriminalization Concerns

The Senate is currently considering the addition of a public corruption bill as an amendment to the STOCK Act.  While the goal of reining in public corruption is laudable, as has been discussed before, many of the policies in the proposed amendment raise significant overcriminalization concerns. Heritage, a task force of the American Bar Association, and other leading legal scholars have pointed out the problem of the increasing federalization of crime.  And yet Congress continues to enact new criminal laws targeting state and local conduct.  The proposed amendment seeks to … More

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No Need to Muddy Criminal Law in Order to “Clean Up Government”

With their institution at all-time lows in public popularity and trust, it is no wonder that members of Congress are looking to improve the body’s image.  The “Clean Up Government Act,” which is coming before the House Judiciary Committee this week, is one of the most prominent attempts to do so. But a closer look shows that Congress is merely extending its streak of overcriminalization and overfederalization in the name of “good governance.” In July, a hearing on the bill showed that there were clear problems with the legislation.  Rep. … More

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