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State and Local Government Law

Federalism

Boston College Law School

2004

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Carte Blanche: Federal Prosecution Of State And Local Officials After Sabri, George D. Brown Oct 2004

Carte Blanche: Federal Prosecution Of State And Local Officials After Sabri, George D. Brown

Boston College Law School Faculty Papers

Federal prosecutions of state and local officials for political corruption are a significant feature of the American political landscape. However, they raise serious federalism questions, especially the potential impact on state autonomy and sovereignty. Thus, these prosecutions would seem to run counter to the Supreme Court’s “New Federalism.” The Court has never explored the issue in depth. Last term it handed down a decision highly favorable to the federal role in the case of Sabri v. United States. This paper examines Sabri, and questions the rationale that the prosecution in that case was an example of justifiable protection of federal …