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
American Criminal Law Review, Vol. 26, p. 1740, 1989
William & Mary Law School Research Paper No. 09-139
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 lawAccepted Paper Series
Date posted: September 17, 2011 ; Last revised: October 6, 2011
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