Heritage Foundation in Government Bullies, by Senator Rand Paul (R, KY)

On Environment: No criminal penalties for violating foreign wildlife laws

As Paul Larkin of the Heritage Foundation explains, "The Lacey Act would not raise concern if the only penalty were a civil fine, but the law authorizes up to one year's imprisonment for every violation of the act." Notably, the original Lacey Act of 1900 contained a penalty "not exceeding $200," and there was no provision imposing jail or prison time.

As the Heritage Foundation notes, the Lacey Act in fact "violates one of the fundamental tenets of Anglo-American common law: that 'men of common intelligence' must be able to understand what a law means.. The criminal law must be clear not to the average lawyer, but to the average PERSON. Even if there were lawyers who could readily answer intricate questions of foreign law--and do so for free--the criminal law is held to a higher standard\."