Federalism is a bedrock of our Constitution and political system. But the division of power between federal and state governments remains controversial despite its long history. Consider the present debate over the U.S. Senate and the system for electing the president, which give disproportionate power to states with smaller populations.

In white-collar criminal law, principles of federalism have influenced how the Supreme Court has interpreted the broadly-worded mail and wire fraud statutes, particularly in prosecutions of state and local officials, as we have previously discussed. See, e.g., Elkan Abramowitz & Jonathan Sack, Limits on the Scope of Honest Services Fraud, N.Y.L.J., Nov. 7, 2017. The Supreme Court has expressed reservations about federal prosecutors becoming excessively involved in the regulation of state and local political behavior.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]