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When the state of California began it's slow move back toward America, they gave in to their fear and began "electing" more and more Real Americans to protect them from anything and everything that spooked them.
Along with the heightened awareness of all those strange people lurking around, they realized they needed more laws to protect them, and the Three Strikes Law was born.
The Three Strikes Law was originally supposed to send lifetime criminals to prison, it has an added benefit in this new world Since Nine-Eleven: anyone convicted of three felonies can be kept in prison for the rest of their life, even if they happen to break a recently enacted "new law" that may have been a misdemeanor before, but Since Nine-Eleven has become a felony.
There really is nothing wrong with creating new crimes by redefining what is illegal, that's what a President is supposed to do: protect America.