The creation of Child Pornography is a FEDERAL CRIME.
The distribution of Child Pornography is a FEDERAL CRIME.
The minute they found video evidence of the assault the FBI should have been contacted.
Thanks for replying HamiltonJay.
Respectfully HamiltonJay, the states have never expressly constitutionally given the feds the specific power to police child pornography.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]." —United States v. Butler, 1936.
In other words, in order for the feds to constitutionally protect the kids from such abuse, the Constitution needs to be appropriately amended instead of allowing the feds to overreach their constitutionally limited powers.
On the other hand, even if the feds had the express constitutional power to criminalize child abuse, what "magic wand" do the feds have to do deal with child pornography that the states can't do with their 10th Amendment powers?
Yes, even conservatives like to threaten crooks with the big, bad federal government. But the cost of unconstitutionally big federal government is arguably worse than any other crime.