Can DOJ Define the Crimes It Prosecutes? The Court Must Decide.

Herman Avery Gundy was convicted of sexual assault in Maryland and served time in the state’s prison system. After his prison term ended, Gundy failed to reregister as a sex offender when he moved between states, as was required by state law. In a remarkable twist of fate, his case, Gundy v. U.S. — heard earlier this month at the Supreme Court — may completely upend Congress’s habit of handing off vast powers to unelected bureaucrats.

Gundy’s problem was compounded because, starting in 2006, Congress required all new sex offenders to register with their state government. Apparently stumped over what to do with people like Gundy who were convicted of a sex offense before the law went into effect — an estimated half a million people — Congress threw up its proverbial hands and left it to the U.S. Attorney General to sort out.

This may be politically convenient for Congress but it is a major problem for everyone who must live in a world run by unelected, unaccountable bureaucrats. In Gundy’s case, he was, in effect, convicted of violating a law that does not exist because Congress failed to fill in the blanks. That’s not fair to any American citizen.

Read the full article at RealClear Policy.