Will have to read the dissent. Nevertheless, in a plain reading of the Constitution it’s hard to get around dual sovereignty. But the problem is that, with the growth of federal powers and statutory law encroaching on so many extra-constitutional aspects of daily life, dual sovereignty is today more plainly overlapping or redundant sovereignties, which would argue for this being violation of the double jeopardy clause.
I believe that if a state law preexists the federal law, the state law should be supreme and constitute sole jurisdiction. Gonna have to change the Constitution to get there, though.
“I believe that if a state law preexists the federal law, the state law should be supreme and constitute sole jurisdiction. Gonna have to change the Constitution to get there, though.”
It depends on the charges.
A defendant can be brought up on state charges for, say, battery; then the feds can have a go at him for, say, civil rights violations. Both arising out of the same act (battery).