Legal Question in Criminal Law in Maryland

is there a case on record dealing with the unconstitutional regulation of inerstate commerce by a state attempting to prosecute threatening mail sent from another state? the commonwealth of kentucky is attempting to prosecute threatening letters mailed from maryland after the fbi handled the matter 2 1/2 years earlier. according to case law, if congress has regulated in an area then the states are forbidden to regulater commerce between the states.

Asked on 8/24/09, 11:19 am

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

Determining what the law is and whether there is a case on point is what clients retain lawyers to do, unless clients know how to do it themselves. Unless Congress explicitly asserts its sole jurisdiction over regulating an activity, then each of the states and the federal government are free to regulate it as separate sovereigns. Many offenses violate both state and federal law. Inaction by a state or the federal government does not mean that it does not have the lawful power to act. Sometimes a state and the federal government both prosecute, and that does not violate double jeopardy.

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Answered on 8/29/09, 4:58 pm

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