Dual Sovereignty, Federalism and National Criminal Law: Modernist Constitutional Doctrine and the Nonrole of the Supreme Court

Authors

William W. Van Alstyne, Duke Law SchoolFollow

Document Type

Article

Publication Date

1989

Keywords

federalism, Constitution, Congress, national criminal law, criminal law, enumerated powers, dual sovereignty

Abstract

This paper examines the growing movement away from the functional nature of federalism contained within the Constitution toward a federalist system that gives extensive discretion to Congress and is only limited by political checks. This political system of federalism has limited the role of the Court in national criminal law because of the deference the Court is expected to give Congress.

Citation

William W. Van Alstyne, Dual Sovereignty, Federalism and National Criminal Law: Modernist Constitutional Doctrine and the Nonrole of the Supreme Court, 26 American Criminal Law Review 1740-1759 (1989)