Federalism and September 11th - state responses

[David M Wagner]

My question would be, not whether a state could in some way legislate
against terrorism, but why it would need to, assuming that it already has a
conspiracy statute in addition to laws against murder, mayhem, and battery.
What acts does the governor want to criminalize that aren't already crimes?

David M. Wagner
Regent University School of Law
1000 Regent University Drive
Virginia Beach, VA 23464
  -----Original Message-----
  From: Discussion list for con law professors
[mailto:CONLAWPROF at listserv.ucla.edu]On Behalf Of Clanton, Brad
  Sent: Thursday, October 25, 2001 3:19 PM
  To: CONLAWPROF at listserv.ucla.edu
  Subject: Re: Federalism and September 11th - state responses


  Why would having both state and federal terrorism laws be any different
from, say, having both state and federal drug laws, assuming the state laws
are directed toward harmful acts that take place within the state?

  Brad ClantonChief Counsel
  Subcommittee on the Constitution
  362 Ford House Office Building
  Washington, D.C. 20515

    -----Original Message-----
    From: Rebecca E. Zietlow [mailto:RZietlo at UTNET.UTOLEDO.EDU]
    Sent: Thursday, October 25, 2001 10:36 AM
    To: CONLAWPROF at listserv.ucla.edu
    Subject: Federalism and September 11th - state responses


    I heard on the radio this morning that the governor of Michigan is
trying to get the Michigan state legislature to enact a bill that would make
terrorism a crime under Michigan law.  As a reason for the bill, he said
that it would make it easier for Michigan to prosecute terrorists without
having to rely on existing state criminal laws.  I would be interested to
hear people's reasctions to this bill.  I seems inconsistent with the
general consensus that protecting the national security is a function of the
federal government, and inconsistent with the creation of the federal
Homeland Security Agency.  I guess Michigan could make the argument that
some terrorism is domestically instigated and might be targeted at state
governments rather than the federal government.  Should this distinction be
relevant in determining the jurisdiction of state and federal governments in
combatting terrorism?

    Rebecca E. Zietlow
    Associate Professor of Law
    University of Toledo College of Law
    (419) 530-2872
-------------- next part --------------
An HTML attachment was scrubbed...
URL: http://lists.ucla.edu/cgi-bin/mailman/private/conlawprof/attachments/20011025/d62bae1d/attachment.htm