Fred Thompson, a presumptive candidate for the Republican presidential nomination, had this to say in his critique (taken from here) of the "overfederalization" of criminal law:
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Law enforcement in general is a matter on which Congress has been very active in recent years, not always to good effect and usually at the expense of state authority. When I served as a federal prosecutor, there were not all that many federal crimes, and most of those involved federal interests. Since the 1980’s, however, Congress has aggressively federalized all sorts of crimes that the states have traditionally prosecuted and punished. While these federal laws allow Members of Congress to tell the voters how tough they are on crime, there are few good reasons why most of them are necessary.
For example, it is a specific federal crime to use the symbol of 4-H Clubs with the intent to defraud. And don’t even think about using the Swiss Confederation’s coat of arms for commercial purposes. That’s a federal offense, too.
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May all our Republican primary voters take note!
Do the 4-H clubs in the US use a coat of arms? In Canada these use a logo device.
The Swiss symbol is a believe protected by treaty.
Have democrats come out in support of protecting heraldry and keeping such laws in place?
George Lucki;47980 wrote:
Do the 4-H clubs in the US use a coat of arms? In Canada these use a logo device. The Swiss symbol is a believe protected by treaty. Have democrats come out in support of protecting heraldry and keeping such laws in place?
The 4 H Clubs use a logo. There is a specific federal statute dating from 5 June 1931, [SIZE=-1]18[/SIZE] United States[SIZE=-1] Code § 708, [/SIZE]that protects the arms and flag of Switzerland.
Ah. So Mr. Thompson’s statement, which led me to believe that these pieces of legislation are from the 1980’s, is inaccurate.
Patrick Williams;47986 wrote:
Ah. So Mr. Thompson’s statement, which led me to believe that these pieces of legislation are from the 1980’s, is inaccurate.
His statement has truthiness, though.
We shouldn’t misunderestimate him, though.
Cheers,
George Lucki;47980 wrote:
Have democrats come out in support of protecting heraldry and keeping such laws in place?
I don’t know. But at least they ain’t publicly agin’ it.
*whimper* "Truthiness, misunderestimate"
"Congress has aggressively federalized all sorts of crimes that the states have traditionally prosecuted ... " Looks like we’re in for another four years.
Michael Swanson;47990 wrote:
His statement has truthiness, though.
Well yes, to the extent that both emblems are protected by law. David is correct that the protection of the Swiss arms is pursuant to treaty—it has to do with the Swiss agreeing to the use of their arms in reversed colors as the principal symbol of protected status under the Geneva Conventions.
And several organizations like the 4H have their symbols protected by federal law. Why not? They are not in commerce, therefore cannot register these emblems as trademarks. They are a nationwide organization, therefore should not be expected to get protective legislation in 50 states. This seems very reasonable to me.
Here is a partial list of United States non-profit and governmental oganistations who have protections under federal statute variously for their names, flags, coats-of-arms, medals, badges, logos, etc.:
American Ex-Prisoners of War 36 U.S.C. §2115
American Legion 36 U.S.C. §48
The American National Theater and Academy 36 U.S.C. §3305
American Symphony Orchestra League 36 U.S.C. §3416
American Veterans of World War II, Korea, and Vietnam 36 U.S.C. §67p
American War Mothers 36 U.S.C. §100
Big Brothers 36 U.S.C. §895
Big Sisters 36 U.S.C. §895
Blinded Veterans Association 36 U.S.C. §867
Blue Star Mothers of America, Inc. 36 U.S.C. §956
Board for Fundamental Education 36 U.S.C. §516
Boy Scouts of America 36 U.S.C. §27
Central Intelligence Agency 50 U.S.C. §403m
Central Liquidity Facility 18 U.S.C. §709
Civil Air Patrol 36 U.S.C. §206
Commodity Credit Corporation 15 U.S.C. §714m
Department of Housing & Urban Development 18 U.S.C. §709
Disabled American Veterans 36 U.S.C. §90h
Drug Enforcement Administration 18 U.S.C. §709
Fastener Quality Act 15 U.S.C. §5401
The Foundation of the Federal Bar Association 36 U.S.C. §587
4-H Club 18 U.S.C. §707
Federal Bureau of Investigation 18 U.S.C. §709
Federal Deposit Insurance Corporation 18 U.S.C. §709
Federal Home Loan Mortgage Corporation 12 U.S.C. §1457,12 U.S.C. §1723a
Future Farmers of America 36 U.S.C. §286
Girl Scouts of America 36 U.S.C. §36
The Golden Eagle 18 U.S.C. §715
Government Nationional Mortgage Assoc. 12 U.S.C. §1723a, 18 U.S.C. §709
Ladies of the Grand Army of the Republic 36 U.S.C. §78o
Library of Congress 36 C.F.R. §701.35
Little League; Little Leaguer 36 U.S.C. §1086
Marine Corps 10 U.S.C. §7881
The Military Chaplains Association of the USA 36 U.S.C. §316
National Aeronautics and Space Administration 42 U.S.C. §2459b, 14 C.F.R. §§1221.101, 1221.107
National Agricultural Credit Corporation 18 U.S.C. §709
National Conference of State Societies, Washington,
District of Columbia 36 U.S.C. §418
National Conference on Citizenship 36 U.S.C. §446
National Credit Union 18 U.S.C. §709
National Music Council 36 U.S.C. §676
National Safety Council 36 U.S.C. §477
National Society, Daughters of the American Colonists 36 U.S.C. §2909
National Soc. of the Daughters of the American Revolution 36 U.S.C. §18c
National Women’s Relief Corps, Aux. of the Grand Army of the Republic 36 U.S.C. §1017
Naval Sea Cadet Corps 36 U.S.C. §1056
Non Commissioned Officers Association of the USA 36 U.S.C. §4016
Olympic [and other names] 36 U.S.C. §380
Overseas Private Investment 18 U.S.C. §709
Paralyzed Veterans of America 36 U.S.C. §1160
Pearl Harbor Survivors Association 36 U.S.C. §3615
Peace Corps 22 U.S.C. §2518
Red Cross 18 U.S.C. §706
Reserve Officers Association of the United States 36 U.S.C. §238
Secret Service 18 U.S.C. §709
Smokey Bear 18 U.S.C. §711, 16 U.S.C. §580p, 36 C.F.R. §261.20
Social Security 42 U.S.C. §1320b-10
Sons of Union Veterans of the Civil War 36 U.S.C. §547
Swiss Confederation 18 U.S.C. §708
United Service Organizations, Incorporated 36 U.S.C. §1307
United States Capitol Historical Society 36 U.S.C. §1215
United States Mint 18 U.S.C. §709
United States Railway Association 45 U.S.C. §711
United Spanish War Veterans 36 U.S.C. §56f
The United States Blind Veterans of the World War 36 U.S.C. §87
United States Coast Guard 14 U.S.C. §639
369th Veterans Association 36 U.S.C. §3015
Veterans of Foreign Wars of the United States 36 U.S.C. §117
Veterans of World War I of the USA, Incorporated 36 U.S.C. §777
Vietnam Veterans 36 U.S.C. §3816
Woodsy Owl 18 U.S.C. §711a, 16 U.S.C. §590p, 36 C.F.R. §261.20
Gee…wonder why Thompson didn’t decide to go after some of these instead of the kids in 4-H:
Quote:
American Ex-Prisoners of War 36 U.S.C. §2115
American Legion 36 U.S.C. §48
American Veterans of World War II, Korea, and Vietnam 36 U.S.C. §67p
American War Mothers 36 U.S.C. §100
Blinded Veterans Association 36 U.S.C. §867
Blue Star Mothers of America, Inc. 36 U.S.C. §956
Disabled American Veterans 36 U.S.C. §90h
Paralyzed Veterans of America 36 U.S.C. §1160
Pearl Harbor Survivors Association 36 U.S.C. §3615
Veterans of Foreign Wars of the United States 36 U.S.C. §117
I mean, if you’re going to take on these tough issues, let’s see some real political guts!
National Symbols Program
P. O. Box 96090
Washington, D. C. 20090-6090
This would look nice below one’s shield….
http://www.symbols.gov/jrsnowranger/images/02jan08-header.gif
Woodsy Owl 18 U.S.C. §711a, 16 U.S.C. §590p, 36 C.F.R. §261.20
But destroy your protected Woody Owl costume:
http://www.symbols.gov/woodsy/costume/oldcostume/destroy-costume.shtml
...those in possession of these costumes are ordered to burn them "beyond recognition" under the watchful eye of a Forest Service law enforcement officer!
Burn them beyond recognition? Words one doesn’t expect to see in any government publication….:D
Yeah, I also think that if this Fred Thompson had used military organizations as an example, it would have been much more powerful and reasonable.
Cheers,
AHH!!! If he is serious about the silliness of protecting logo’s, he should suggest that each of the logo’s used by Westinghouse no longer be protected by federal law. I suspect he’s not brave enough to challenge his lobbying client and campaign contributor in such an aggressive fashion.
MohamedHossam;48082 wrote:
Yeah, I also think that if this Fred Thompson had used military organizations as an example, it would have been much more powerful and reasonable,
Actually, my point was that questioning federal protection of the badges of veterans organizations would be politically suicidal.
Joseph McMillan;48096 wrote:
Actually, my point was that questioning federal protection of the badges of veterans organizations would be politically suicidal.
Agreed. Which is why this politician naturally picked on children (4-H) and foreigners (Swiss) - they aren’t voters.