“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
An interesting new paper by Josh Blackman on precedent vs the original constitution in federal courts. From the abstract at SSRN: The tension between originalism and stare decisis is well known. Many of the Supreme Court’s most significant constitutional decisions are...
The Supreme Court’s decision Monday in Gamble v. United States confirms the validity of the “dual sovereigns” doctrine: that successive prosecutions in state and federal court for the same conduct do not violate the Constitution’s double...
