H.R.2078 - Bertie’s Respect for National Cemeteries Act (119th Congress)
Summary
H.R.2078, the "Bertie's Respect for National Cemeteries Act," aims to amend Title 38 of the United States Code to ensure consistent enforcement of the prohibition against interring or memorializing individuals who committed federal or state capital crimes in National Cemetery Administration or Arlington National Cemetery. The bill mandates federal officials to actively search public records to verify eligibility for interment. It also directs the Secretary of Veterans Affairs to disinter the remains of George E. Siple from Indiantown Gap National Cemetery.
Expected Effects
The bill will likely result in stricter vetting processes for interments in national cemeteries. It will also lead to the disinterment of George E. Siple's remains. This may set a precedent for future disinterments based on similar criteria.
Potential Benefits
- Reinforces the sanctity and honor of national cemeteries.
- Ensures consistent application of existing laws regarding interment eligibility.
- May provide closure or a sense of justice for victims and their families.
- Could deter individuals from committing capital crimes, knowing it may affect their final resting place.
- Increases due diligence by federal officials in verifying eligibility.
Most Benefited Areas:
Potential Disadvantages
- Could cause emotional distress to the family of George E. Siple.
- May lead to legal challenges regarding the disinterment process.
- Could be seen as a punitive measure extending beyond legal sentencing.
- Requires additional resources for federal officials to conduct thorough record searches.
- May create a slippery slope for future disinterments based on evolving moral standards.
Constitutional Alignment
The bill's constitutionality is complex. While Congress has the power to regulate national cemeteries, the disinterment provision could raise concerns about due process and ex post facto laws if applied retroactively. The Fifth Amendment protects against depriving someone of property (in this case, a burial plot) without due process of law. However, since the deceased no longer possesses rights, the rights of next-of-kin would be considered. The bill's alignment with the Constitution depends on how the disinterment is executed and justified.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).