It is not advisable, James, to venture unsolicited opinions. You should spare yourself the embarrassing discovery of their exact value to your listener.
A strict constructionist would rule that the Federal Government has no say in criminal law except ones pertaining specifically to the Constitution including the Bill of Rights. Murder would fall completely to the states. Of course strict construction has a side that its supporters might not like. The Bill of Rights says "Congress shall make no law ... abridging the freedom of speech, or of the press;" What part of no doesn't Congress understand? We can say anything we want, including yelling fire in a crowded theater or swearing whenever or wherever we feel like it. Since this comes under an explicit Federal guarantee, the states may not place a restriction on free speech either.
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