What is a hate crime in progressive America?

"What is a hate crime in progressive America?"

There is no 'progressive America,' there is only one America, and we are all Americans, citizens of one Nation.

There is also no such thing as a 'hate crime,' as one cannot be 'prosecuted' for an emotion, and citizens are at liberty to express their ignorance, stupidity, and hate as they so desire – you and others on the right demonstrate that fact daily on this forum.

When hate manifest in criminal acts, however, where the race, religion, gender, or sexual orientation of the victim is a factor motivating the committing of a crime, judges are authorized by the Constitution to engage in enhanced sentencing, to render a more severe penalty when the evidence indeed indicates that race, religion, gender, or sexual orientation was a motivating factor. See Wisconsinv. Mitchell (1993)
Could you quote me the clause granting that authorization?
 
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