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The Federal Infrastructure Today
Gamble v. United States, 587 U.S. ___ , 139 S. Ct. 1960 (2019) (find through Lexis or Westlaw Next)
1. What does "dual sovereignty" mean?
2. How does the dual sovereignty doctrine affect the outcome of this case?
3. What is Justice Gorsuch's argument?
Ilya Somin, “Federalism and the Roberts Court,” Publius (June, 2016): 1-22 (find through the MSU Library web portal)
1. What is Somin's definition of federalism?
2. Somin contends the Roberts Court's federalism jurisprudence cannot be wholly understood along the left-right political divide. What is Somin's argument about how the Court's jurisprudence can best be understood? What evidence does he use to support this claim?
Gwen Arnold, “When Cooperative Federalism Isn’t: How U.S. Federal Interagency Contradictions Impede Effective Wetland Management,” Publius 45, no. 2 (Spring 2015): 244-269.
1. What is “cooperative federalism”? The word cooperation suggests that two entities have authority (sovereignty) regarding the actions taken to reach a common goal. Do the examples of cooperative federalism given in this article exemplify this common definition of “cooperation”? Why or why not?
2. What was the chief cause of the problem between the Corps of Engineers and the EPA?
3. Who are the interested parties in the enforcement of federal statutes and regulations?
Jason Snead and John-Michael Seibler, “Cooperative Federalism and Low-Altitude Drone Operations,” Heritage Foundation (Dec. 15, 2017) (read the full report at this link: https://www.heritage.org/government-regulation/report/cooperative-federalism-and-low-altitude-drone-operations (Links to an external site.)).
1. What is the threshold for state and local authority versus federal authority of drone regulation under current law? What would the threshold be under the proposed Drone Federalism Act? Under the proposed law, why does the federal government get to regulate above a certain level?
2. How does the concept of “preemption” apply to the current and proposed regulatory schemes for drones?
3. What authority do the authors cite as supporting the idea of property rights and state/local-level regulatory authority outside of federal reach?
4. What is the debate about?
5. What is the “police power”?
6. What are the arguments in favor of a state role in regulating drones? What are those in favor of a federal role?
7. What is the argument the authors make for cooperative federalism? Do you agree? Why or why not?
Explanation & Answer
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The Federal Infrastructure Today
Gamble v. United States, 587 U.S. ___ , 139 S. Ct. 1960 (2019) (find through Lexis or Westlaw
Next)
1. What does "dual sovereignty" mean?
Dual sovereignty is a maxim of law that enables two or more states to prosecute a person
for the same crime irrespective of the double jeopardy rule; given that each of the states
has jurisdiction for the prosecution,
2. How does the dual sovereignty doctrine affect the outcome of this case?
Gamble was found guilty of possessing a firearm while still a convicted felon. He argued
that the district court was wrong in its conclusion that the Fifth Amendment’s Double
Jeopardy Rule did not bar the federal government from putting Gamble on trial for the
same behavior for which the state of Alabama had prosecuted and sentenced him. The
United States Supreme Court held that the federal government is a different sovereign
from the states hence, the prosecution in state and federal courts for the same crime is not
a violation of the Double Jeopardy Rule.
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3. What is Justice Gorsuch's argument?
The judge disagreed arguing that a free society bars the government from putting the
same person on the trial for the same crime to a point where it is happy with the outcome.
He felt that court had demonstrated huge support for “double sovereignty,” which he
termed as an ancient rule, against Double Jeopardy. The judge argued the “double
sovereigns” rule appeared nowhere in the Fifth Amendment, the reason “Double
Jeopardy” should have prevailed.
Ilya Somin, “Federalism and the Roberts Court,” Publius (June, 2016): 1-22 (find through the
MSU Library web portal)
1. What is Somin's definition of federalism?
According to Sonim, federalism means different things to distinct people. It involves
decisions made by the Supreme Court in efforts to determine the scope of the authority of
the government or the exten...
