Federalism and the Scope of Federal Criminal Law [Archive Collection]

Published: Oct. 8, 2020, 3:16 p.m.

b'On September 9-10, 1988, The Federalist Society hosted its second annual National Lawyers Convention at the Mayflower Hotel in Washington, D.C. on "The Constitution and Federal Criminal Law." The third panel of the convention discussed "Federalism and the Scope of Federal Criminal Law."
Many federal laws, such as the mail fraud statute and the RICO statute, criminalize activity traditionally the subject of state police power. To what extent should this traditional division between federal and state criminal law be maintained, and to what extent should it be adjusted to promote greater efficiency in law enforcement under changing conditions and criminal activity of national impact? What are the enumerated powers that authorize various national criminal statutes, and what subjects might be inherently off limits to federal power?
Featuring:

Prof. G. Robert Blakey, Notre Dame Law School
Joseph diGenova, Bishop, Cook, Purcell & Reynolds
Judge David Sentelle, U.S. Court of Appeals, D.C. Circuit
Prof. William Van Alstyne, Duke University School of Law
Moderator: Judge James L. Buckley, U.S. Court of Appeals, D.C. Circuit

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speakers.'