BS. The states are sovereign except on those issue reserved to the Federal Government in which case the federal government is sovereign. Dual sovereignty is a travesty of justice.
The issue is the federalization of crime. There should be a very small range of federal crimes and they should only cover federal issues. Possession is a local crime. Transport across state lines is federal.
This is a good example of why we don’t need Cornee’s federal law for I terstste carry. It is just an excuse to start layering on federal laws for concealed carry.
I would like Congress to outlaw this, if possible. It is a travesty.
No, it isn't. Double jeopardy is being tried twice for the same crime by the same sovereign. Despite decades of efforts by the enemies of the people, the states are still considered sovereigns over what happens within their borders.
The bigger issues is whether the feds even should have an interest in the crime. But that isn't the argument being presented.
Some states do have laws preventing a state prosecution for the same acts that the feds have already prosecuted (or did, I haven't looked at them in some years.)
At least the writer was courageous enough to show his ignorance in public.
As a final note, the criminal in this case broke the first rule - only commit one crime at a time. In this case he committed a traffic violation while committing a felony. Always inspect your car before transporting dope, particularly if you have a record and should know the cops will be watching for you to screw up.
You should either have to file a crime complaint OR a civil complaint but not both.
This is the way they get around double jeopardy.
I expect Hunter Biden to use this to continue to plead the fifth and refuse to talk to Congress because Joetato only pardoned federal crimes, but he is still vulnerable to state prosecution.
It’s filthy and corrupt.
Anything you say can and will be used against you.
A grant of immunity in one jurisdiction does not necessarily transfer to other jurisdictions, so far as I know.
I’ve come to believe that what is called “Lawfare” is practiced against common citizens too.
One might maintain it is acceptable to do this and other things like overcharging to induce a plea deal for a lesser charge, when applied to criminals, but what about the wrongly charged innocent? What about you when they decide to make something illegal that you have been doing legally to that point? What about you when you thought what you were doing was legal?
The solution to this travesty is to eliminate at least 95% of the federal criminal code. The vast majority of federal crimes are superfluous and unnecessary because they replicate charges that could easily be brought in state court.
“Police in Alabama pulled him over”
Lesson 1: Never, ever go to Alabama. Let it continue it’s way down the drain.
Avoid shiiiteholes at all costs.
There are only 3 Federal Crimes listed in the US Constitution, maybe the Court should read it sometime.
I think the founders weren’t thinking that the states would have laws duplicating the feds or vice versa.
Feds would have their law, which under the constitution is “the law of the land”, not just D.C..
Everything else is left to the states or the people via the 10th amendment.
So if congress acted true to the constitution, when a fed makes a law, it preempts state laws and if they happened to have already existed, they would have their jurisdiction assumed.
As such, you wouldn’t have the current day overlap and no occasion for this type of “double jeopardy”.
“…two sovereigns constitutes two offenses because each sovereign has an interest to vindicate.”
Yeah but the double jeopardy clause refers to a single individual not being subject twice to the same charges. Also I read somewhere that if the Feds try you and fail to convict, double jeopardy then DOES kick in and the state can’t try you. Where is the double sovereign there?
So the fed’s are traffic enforcers as well?
What about the eighth amendment right against cruel and unusual punishment?
Or the 10th Amendment limiting the reach of the Federal Government to what is specified in the constitution?
The Feds should be involved only when the crime goes beyond state lines.
An offense is a single action committed by an individual. They seem to be saying that the number of witnesses determines the number of transgressions.
When the result is this wrong, there’s something wrong in the system. Maybe there was a technical misstep by his lawyers?
The best course of action is to not have weed and a gun in your car when you are out and about!
Don’t do the crime, you won’t get the time. Unless you’re a conservative in a rat state, that is.
On the bright side, Joe can pardon members of the corrupt Deep State, but there are states that incorporate Federal RICO statutes into state criminal laws. Georgia and Florida are two of those states.
Plus the Feds call drugs plus a gun fortressing and they nail you to the wall for it.