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Index/Topics/Dual-Sovereignty Doctrine

Dual-Sovereignty Doctrine

The Supreme Court's dual-sovereignty doctrine allows for separate governments to prosecute the same conduct without violating the Fifth Amendment's Double Jeopardy Clause.

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3 results
Jan 26, 2026
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What legal challenges have succeeded or failed against recent presidential federalizations of the National Guard?

Recent legal fights over the produced a patchwork of wins and losses: state-led lawsuits and district-court rulings returned substantial portions of federalized Guardsmen to state control and blocked ...

Jan 25, 2026

What legal precedents govern dual sovereignty and state prosecutions after federal presidential pardons?

The governing precedent is : separate governments (federal and state, or two states) may sequentially prosecute the same conduct without violating the Fifth Amendment’s , a principle reaffirmed most r...

Jan 19, 2026

How do state sovereign prosecutions interact with federal pardons in January 6 cases?

State prosecutions remain legally independent of federal pardons because of the dual-sovereignty doctrine: a presidential pardon covers federal offenses only and generally cannot extinguish state crim...

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