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

21 Pages Posted: 17 Sep 2011 Last revised: 30 Dec 2014

See all articles by William W. Van Alstyne

William W. Van Alstyne

Duke University School of Law; William & Mary Law School

Date Written: 1989

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.

Keywords: federalism, criminal law

Suggested Citation

Van Alstyne, William W. and 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: https://ssrn.com/abstract=1928747

William W. Van Alstyne (Contact Author)

William & Mary Law School ( email )

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Duke University School of Law ( email )

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