Statutory Law-It's the Law
Whatever authority was not bestowed upon the federal government remains with the state governments.
The most significant limitation upon the authority of the federal government is to enact legislation in the criminal sphere. For instance, the federal government has no authority to pass a statute that prohibits homicide in your private home on private property. The federal government does have the authority, however, to pass a law prohibiting homicide on federal land, in a federal building, or against a federal officer. As such, most criminal prosecutions are initiated in the state
courts under state law, because the authority of the federal government to enact criminal law truly is limited.
Example: The dichotomy between federal and state law was found in the Rodney King case in Los Angeles, in which police officers were accused of beating a criminal suspect. Those police officers were first tried under state criminal laws and were acquitted (i.e., found not guilty).
The federal government then stepped in and decided that those same police officers would be prosecuted under federal civil rights laws. The federal government had no authority to prosecute them for the crime of assault, since the crime in question did not occur on federal territory, did not involve a federal official, and did not involve a distinct federal interest as far as the assault only was concerned.
The federal government, however, has passed laws that make it a crime for certain persons acting in official governmental capacity to violate the civil rights of people. Those police officers were then prosecuted in the federal court under that federal law. It is in the criminal field that you see the authority of the federal government most clearly restricted in terms of its ability to enact legislation prohibiting certain types of crimes.
At first blush, it would seem that this is a violation of the double jeopardy clause contained within the Fifth Amendment of the United States Constitution. It has been held, however, by
the courts that it is not a double jeopardy violation since there are two separate sovereigns
involved—the federal government and the state government. In addition, there were two separate offenses involved—one was the offense of assault under the state code and the other was a civil rights violation under the federal code.
The most significant limitation upon the authority of the federal government is to enact legislation in the criminal sphere. For instance, the federal government has no authority to pass a statute that prohibits homicide in your private home on private property. The federal government does have the authority, however, to pass a law prohibiting homicide on federal land, in a federal building, or against a federal officer. As such, most criminal prosecutions are initiated in the state
courts under state law, because the authority of the federal government to enact criminal law truly is limited.
Example: The dichotomy between federal and state law was found in the Rodney King case in Los Angeles, in which police officers were accused of beating a criminal suspect. Those police officers were first tried under state criminal laws and were acquitted (i.e., found not guilty).
The federal government then stepped in and decided that those same police officers would be prosecuted under federal civil rights laws. The federal government had no authority to prosecute them for the crime of assault, since the crime in question did not occur on federal territory, did not involve a federal official, and did not involve a distinct federal interest as far as the assault only was concerned.
The federal government, however, has passed laws that make it a crime for certain persons acting in official governmental capacity to violate the civil rights of people. Those police officers were then prosecuted in the federal court under that federal law. It is in the criminal field that you see the authority of the federal government most clearly restricted in terms of its ability to enact legislation prohibiting certain types of crimes.
At first blush, it would seem that this is a violation of the double jeopardy clause contained within the Fifth Amendment of the United States Constitution. It has been held, however, by
the courts that it is not a double jeopardy violation since there are two separate sovereigns
involved—the federal government and the state government. In addition, there were two separate offenses involved—one was the offense of assault under the state code and the other was a civil rights violation under the federal code.
