The dual-sovereignty rule, which allows the united states to subject an accused to what would otherwise be double jeopardy, doesn’t give congress independent authority to pass legislation.
Hate crime laws are especially likely to generate double prosecutions due to their emotionally charged nature and contestable facts.
Emotions run high in cases in which the defendant is accused of a hate crime. These are exactly the kinds of cases for which the guarantee against double jeopardy was written. Sadly, the government’s ability to re-prosecute and take over otherwise adequate prosecution is likely a large part of Hate Crime PreventionAct’s purpose, at least to its supporters.