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The Roots of Printz: Proslavery Constitutionalism, National Law Enforcement, Federalism, and Local Cooperation

21 Pages Posted: 13 Aug 2009  

Paul Finkelman

University of Pittsburgh, School of Law; Albany Law School - Government Law Center

Date Written: 2004

Abstract

This article is about federal statutes that conscript state officials and how Congress should be required to carry out the laws. In Printz, the Solicitor General and Justice Scalia invoked the Fugitive Slave Law of 1793 to support a legal proposition, though the analyses were both unlikely and incorrect. This article offers a history of the Fugitive Slave Law and Prigg v. Pennsylvania to illustrate the problems with relying on state officials to implement and enforce federal policy, and the state personal liberty laws that undermined the federal laws’ effectiveness.

Keywords: federal statutes, fugitive slave law

Suggested Citation

Finkelman, Paul, The Roots of Printz: Proslavery Constitutionalism, National Law Enforcement, Federalism, and Local Cooperation (2004). Brooklyn Law Review, Vol. 69, 2004. Available at SSRN: https://ssrn.com/abstract=1447489

Paul Finkelman (Contact Author)

University of Pittsburgh, School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States
412-648-2079 (Phone)

Albany Law School - Government Law Center ( email )

80 New Scotland Avenue
Albany, NY 12208
United States

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