Animal cruelty: actually, you don’t have to make a federal case out of it

Last updated on: November 7, 2019 at 11:02 am by Jane the Actuary

Animal cruelty: actually, you don’t have to make a federal case out of it 2019-11-07T11:02:58-06:00 Jane the Actuary

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

from Pixabay; https://pixabay.com/en/dogs-puppies-play-two-group-1210323/

Let me start by saying that I am not pro-animal cruelty.

I object to the intentional injury of animals for sport.

I’d even agree that it’s reasonable to criminalize such actions, though I think it’s an open question how harsh the punishment should be, especially since many of the objections cited are a sort of “pre-crime” (many murderers have a past of animal cruelty) and since the focus, in other respects, is reducing the degree to which we imprison people.

But absent some compelling reason to the contrary, criminal law is made by states, not the federal government.

The federal government doesn’t get involved in murder, or rape, or theft. Or arson. Or DUI. Or shoplifting. The requirements for federal involvement are that the crime have an interstate element to it.

Which means that the 2010 Animal Crush Video Prohibition Act was kinda-sorta a reasonable federal law, since the sharing of videos of animal abuse is pretty much inherently an interstate commerce-related act.

But now, as reported by Fox News, Congress has banned animal torture regardless of whether it has this video-making element or not.

The Preventing Animal Cruelty and Torture Act says,

It shall be unlawful for any person to purposely engage in animal crushing in or affecting interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States.

And “animal crushing” is defined as

actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury (as defined in section 1365 and including conduct that, if committed against a person and in the special maritime and territorial jurisdiction of the United States, would violate section 2241 or 2242);

With respect to penalties:

Whoever violates this section shall be fined under this title, imprisoned for not more than 7 years, or both.

And there are exceptions for animal husbandry, hunting, pest control, medical research, self-defense, or euthanizing of animals.

But this is as much an example of “Congress is broken” as the countless ways in which they fail to get things done.

This is a feel-good law, a bit of theater. Is there any intention to assess whether any specific instance has anything to do with interstate commerce, or is this just weasel language to claim jurisdiction? (“He killed a dog which would have otherwise eaten dog food purchased through interstate commerce.” “The implements he used to harm the animal are of the kind sold at national chain stores so this is interstate commerce-related.”) What would a judge do with the guidance of “up to 7 years”? Under what circumstances would local authorities pass a case onto the federal government? Or what mechanisms would the federal government use to get involved?

And a unanimous vote? That says that every single member of Congress felt obliged to go along because they fear they’re at risk of voters thinking they support animal cruelty, otherwise. And, let’s face it, they’re likely perfectly happy with appropriating more power for themselves rather than state governments.

So – ugh.

Uncategorized

animal cruelty

Federalism

Previous Post

November 3, 2019

Yes, Warren's Medicare-for-all Pay-for Plan Really Is Nuts

Next Post

November 10, 2019 Karmala Harris's "aftercare" program and the importance of reading the text

Browse Our Archives

Select a Category Actuarial/Retirement Issues Politics Uncategorized

Select a Month September 2026 August 2026 July 2026 June 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 July 2025 June 2025 May 2025 April 2025 March 2025 February 2025 January 2025 December 2024 November 2024 October 2024 September 2024 August 2024 July 2024 June 2024 May 2024 April 2024 March 2024 February 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 December 2022 September 2022 August 2022 July 2022 June 2022 May 2022 February 2022 January 2022 December 2021 August 2021 June 2021 April 2021 February 2021 January 2021 December 2020 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013

TAKE THE

Religious Wisdom Quiz

What book comes directly after Lamentations?

Select your answer to see how you score.

Hosea Daniel Ezekiel Jeremiah