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Carte Blanche: Federal Prosecution of State and Local Officials after Sabri

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Abstract:

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 funds. The article offers an alternative perspective, namely, that the Court was anxious to further the anti-corruption imperative demonstrated in McConnell (the Campaign Finance Reform case). The article concludes with possible alternative rationales for a strong federal role in overseeing state and local governments and for a general anti-corruption statute.

Most Common Document Word Stems:

feder (255), corrupt (194), state (165), statut (129), govern (119), court (95), sabri (74), id (74), local (72), prosecut (69), see (66), power (65), constitut (63), unit (62), 666 (57), anti (57), nation (54), v (53), anti-corrupt (52), fund (49), one (49),

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Federalism, Section 666, Corruption, Hobbs Act, Mail Fraud, McConnell, Commerce Clause
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Name: American Political Science Association
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MLA Citation:

Brown, George. "Carte Blanche: Federal Prosecution of State and Local Officials after Sabri" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL, Aug 27, 2004 <Not Available>. 2009-05-26 <http://www.allacademic.com/meta/p60691_index.html>

APA Citation:

Brown, G. , 2004-08-27 "Carte Blanche: Federal Prosecution of State and Local Officials after Sabri" Paper presented at the annual meeting of the American Political Science Association, Hilton Chicago and the Palmer House Hilton, Chicago, IL Online <.PDF>. 2009-05-26 from http://www.allacademic.com/meta/p60691_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: 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 funds. The article offers an alternative perspective, namely, that the Court was anxious to further the anti-corruption imperative demonstrated in McConnell (the Campaign Finance Reform case). The article concludes with possible alternative rationales for a strong federal role in overseeing state and local governments and for a general anti-corruption statute.

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Document Type: .PDF
Page count: 52
Word count: 16628
Text sample:
"Carte Blanche: Federal Prosecution of State and Local Officials after Sabri" George D. Brown Boston College Law School Prepared for delivery at the 2004 Annual Meeting of the American Political Science Association September 2 - September 5 2004. Copyright by the American Political Science Association. 2 Carte Blanche: Federal Prosecution of State and Local Officials after Sabri George D. Brown* Introduction In July of 2004 the State of Maryland was rocked by a political controversy that reached the highest
effect." Id. 192 E.g. Elrod v. Burns 427 U.S. 347 (1976). 193 See ABRAMS & BEALE supra note 7 at 555-60 (citing and discussing possible examples of corruption as deprivations of federal rights); see also Brown Unanswered Question supra note 6 at 486-87 (discussing equality issues). This analysis does not discuss the possibility of corruption issues in "class of one" cases. 194 See generally Roderick M. Hills The Political Economy of Cooperative Federalism: Why State Autonomy Makes Sense and


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