Skip to main content

Federalism and Constitutional Criminal Law

Brenner M. Fissell considers the imbalance that exists between constitutional criminal law (i.e., substantive law) and constitutional criminal procedure. This imbalance has resulted in a large body of procedural precedent from the Supreme Court, but relatively few examples of constitutional limits on substantive criminal law. Fissell suggests, based on his research of cases where the Supreme Court has rejected substantive constitutional claims, that federalism plays a significant role in the Supreme Court’s hesitation to delve into the area. Read more here.