Abstract

http://ssrn.com/abstract=1928747
 
 

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


William W. Van Alstyne


William & Mary Law School

1989

American Criminal Law Review, Vol. 26, p. 1740, 1989
William & Mary Law School Research Paper No. 09-139

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.

Number of Pages in PDF File: 21

Keywords: federalism, criminal law

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Date posted: September 17, 2011 ; Last revised: October 6, 2011

Suggested Citation

Van Alstyne, William W., Dual Sovereignty, Federalism and National Criminal Law: Modernist Constitutional Doctrine and the Nonrole of the Supreme Court (1989). American Criminal Law Review, Vol. 26, p. 1740, 1989; William & Mary Law School Research Paper No. 09-139. Available at SSRN: http://ssrn.com/abstract=1928747

Contact Information

William W. Van Alstyne (Contact Author)
William & Mary Law School ( email )
South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
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