Senate Proceeding on Jul 16th, 2009 :: 11:41:20 to 11:48:30
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11:41:08 to 11:41:28( Edit History Discussion )

Orrin Hatch: at the i would like to speak to the hatch amendment that will be called up later. the presiding officer: without objection. mr. hatch: madam president, as we've had the debate in this chamber over hate crimes legislation, one obvious f revealed again and again.

11:41:20 to 11:48:30( Edit History Discussion )
Speech By: Orrin Hatch

11:41:29 to 11:41:50( Edit History Discussion )

Orrin Hatch: the proponents of the matthew shepard's hate crimes prevention act have not taken the time to answer what should have been a threshold question: is it really necessary? just a few short weeks ago attorney general eric holder was gracious enough to testify before the senate judiciary committee on this legislation. during that hearing i asked him specifically whether there was

11:41:51 to 11:42:11( Edit History Discussion )

Orrin Hatch: by bias and prejudice are not being adequately addressed at the state level, whether there was a scific trend indicating that with regard to hate crimes justice is not being served in state courts. his answer was not surprising to anyone w's been following this debate for many years. but if your only knowledge o this issue came from the

11:42:12 to 11:42:32( Edit History Discussion )

Orrin Hatch: statements made by the democrats in support of this legislation, you'd probably be very surprised. his answer was, no, there any statistical evidence indicating that the states are not able -- are not up to the task of investigating, prosecuting and punishing crimes

11:42:33 to 11:42:53( Edit History Discussion )

Orrin Hatch: motivated by bias and prejudice. none. none whatsoever. in fact, the attorney general said quite openly, in fact, tt the states were addressing these crimes. this is not a new revelation. in the years congress has been tk-pbgt hate crimes legislation many of us have been similar questions, and we've

11:42:54 to 11:43:16( Edit History Discussion )

Orrin Hatch: received similar answers. in light of the democratic attorney general's own testimony regarding the states' efforts, i say states plural, laudable effort to punish hate crimes, it is even more that the suppo legislation have not answered what would be a threshold

11:43:17 to 11:43:38( Edit History Discussion )

Orrin Hatch: question is it necessary? the truth of the matter is that the vast majority of states have hate crimes statutes on the books, and the acts that are associated with this legislation -- murder, assault, et cetera -- are punishable in every jurisdiction in the united states. under our legal system, defendants will at penalties that many believe are

11:43:39 to 11:44:01( Edit History Discussion )

Orrin Hatch: not sufficient given the nature of their crimes. in addition, criminal justice system is designed to protect defendants and place the heaviest burdens on the government, some guilty parties undoubtedly go unpunished. but i've seen no evidence proving these occurrences happen more often in

11:44:02 to 11:44:22( Edit History Discussion )

Orrin Hatch: cases involving bias, motivated violence, and today no such evidence has been provided. my amendment is similar to legislation that i've introduced in the past. instead of expanding the powers of the federal government, it provide us with the information we should have before we even consider taking such approach. specifically, my alternative

11:44:23 to 11:44:44( Edit History Discussion )

Orrin Hatch: would require a study to compare over a 12-month investigations, prosecutions and sentencing in states that have differing laws with regard to hate crimes. in addition, it would require a report on the extent of those crimes throughout the united states and the success rate of state combatting them. the amendment would also provide

11:44:45 to 11:45:06( Edit History Discussion )

Orrin Hatch: a mechanism for the department of justice to provide technical, forensic, prosecutorial or any other assistance in the criminal any crime -- quote -- "motivated by animas against the victim, by reason of the membership of victim in a particular class or group." unquote. an it would authorize the attorney general to make grants

11:45:07 to 11:45:28( Edit History Discussion )

Orrin Hatch: to states that lack the necessary resources t theserimes. contrary to what some of my colleagues may believe, congress does not have the power to act in any manner that it chooses. there are a number of constitutional jicials raised by this -- issues legislation including the

11:45:29 to 11:45:50( Edit History Discussion )

Orrin Hatch: content under the commerce clause and portions that could chill free speech in certain sectors of this country. this legislation would impede on tbrowndz that are traditionally left to the states. wors -- if the attorney general is to be believed, the states are by

11:45:51 to 11:46:12( Edit History Discussion )

Orrin Hatch: and large doing a good job ad that is not the question we're facing the question is whether given the current state of affairs in most states and the limitations on congress's power this measure iis appropriate. before we consider a broad and sweepinghange in federal and

11:46:13 to 11:46:37( Edit History Discussion )

Orrin Hatch: criminal law, we should have enough information before us to determine whether or not such law is necessary. my amendment would help us get that information and in addition establish a role for the federal government that is more appropriate respecting the sovereignty of the states and the limits on established under the constitution. it should be noted that this

11:46:38 to 11:46:58( Edit History Discussion )

Orrin Hatch: bill that has been called up is named what happened to mr. shepard was brutal, heinous, awful, unforgivable. the fact of theatter is the perpetrators are now spending the rest of their lives in prison.

11:46:59 to 11:47:19( Edit History Discussion )

Orrin Hatch: because the local system tried and convicted them. there is a real question whether we should put into law this hate hates crime bill that i believe will cause more problems than it will help with.

11:47:20 to 11:47:40( Edit History Discussion )

Orrin Hatch: especially since there is no basic evidence that the state and local governments are incapable or unable to take care of these type of crimes. i think there's a lot of bidding and act being like you're doing something when in fact all

11:47:41 to 11:48:02( Edit History Discussion )

Orrin Hatch: you're doing is gumming up the law if you pass this bill and i think doing so unconstitutionally and in the end to bring hate crimes actions all over the country in a multiplicity of way that's will cost the governm amounts of money that should not be spent.

11:48:03 to 11:48:25( Edit History Discussion )

Orrin Hatch: all of us are against hate crimes. every one of us will do everything we get rid of them. until there is that evidence state and local governments are not doing the job and that evidence we've asked for for years now and they've never been able pro-dues any, -- produce

11:48:26 to 11:48:30( Edit History Discussion )

Orrin Hatch: any, until that is produced, we shouldn't pass legislation like this. madam president, i yield the