Federalist supporters of the constitution repeatedly assured ratifiers that criminal law – outside a few exceptions – would be exclusively a state concern. In fact, there are just 5 categories where congress has been delegated a power to create criminal laws.

Path to Liberty: July 8, 2020

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State of the Nullification Movement Report

Don’t Make a Federal Case Out of It. Seriously.

Federalist 45

Federalist 17

Hamilton Speech to the New York Ratifying Convention (28 June 1788)

St George Tucker 1803

Turning Local Disturbances into Federal Cases

What Criminal Laws are Congress Authorized To Make?

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