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Interstate Instability: Why Colorado's Alien Smuggling Statute Is Preempted By Federal Immigration Laws, Ben Meade
University of Colorado Law Review
For more than a century, the federal government has outlawed the smuggling of undocumented aliens. Over that federal statute's long legislative evolution, Congress has developed an increasingly comprehensive scheme for punishing alien smugglers in proportion to their crimes. More recently, the federal government has amended and enforced the alien smuggling statute in ways designed to advance the government's war on domestic terrorism. However, despite the existence of this major federal statute, in 2006 Colorado enacted its own independent ban on alien smuggling. This Comment argues that the federal alien smuggling statute preempts the Colorado alien smuggling statute, both because Congress …
Accounting For Federalism In State Courts: Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hilary Massey
Accounting For Federalism In State Courts: Exclusion Of Evidence Obtained Lawfully By Federal Agents, Robert M. Bloom, Hilary Massey
University of Colorado Law Review
After the terrorist attacks on September 11th, Congress greatly enhanced federal law enforcement powers through enactment of the U.S.A. Patriot Act. The Supreme Court has provided more leeway to federal officers in the past few decades by limiting the scope of the exclusionary rule, for example. At the same time, many states have interpreted their constitutions to provide greater individual protections to their citizens than provided by the federal constitution. This phenomenon has sometimes created a wide disparity between the investigatory techniques available to federal versus state law enforcement officers. As a result, state courts sometimes must decide whether to …