From: Bill Lucy 

In article ,
rgparker{at}west.net says...
> As the Feds pass laws in more and more areas that duplicate state laws
> the double jeopardy protection is getting weaker and weaker:

> A second prosecution of this sort is not considered double jeopardy,
> forbidden by the Fifth Amendment, because of the "dual sovereignty"
> doctrine. "Every citizen of the United States is also a citizen of a
> State or territory," the U.S. Supreme Court observed in 1852.
"He may be
> said to owe allegiance to two sovereigns, and may be liable to
> punishment for an infraction of the laws of either."

I hope this guy isn't a lawyer. He quotes Justice Black from Green v.
United States (355 U.S. 184) and doesn't appear to have read the case.
Pulling quotes from a Supreme Court decision isn't like pulling so many
jelly beans out of a bag.

And there are hundreds of dual sovereignty cases, although I can't for the
life of me figure out the decision from 1852. It would be Taney's court
then, and I know he wrote in countering views in at least two cases around
that time (Ableman v. ???, and Kentucky v. Dennison).

There just weren't many double jeopardy cases heard by the Court until the
late 20th century (boy is that strange to write!).

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