A discussion Wednesday addressed the question of the federal government’s role in criminal law and matters of constitutionality.
The School of Law hosted a debate yesterday titled “Criminal Law and the Limits of Federal Authority,” in front of approximately 100 students. The Federalist Society for Law and Public Policy Studies, a national law organization of conservatives and libertarians, hosted the event.
Professor John Baker of Louisiana State Law School and Samuel Buell, a professor in the law school, discussed the “honest services” law against fraud—a statute in the Constitution that makes it illegal “to deprive another of the intangible right to honest services.” The discussion followed a June U.S. Supreme Court decision that the statute is unconstitutionally vague.
Among the students attending was Sean Lobar, a second year law student who has had Buell as a professor for a criminal law class.
“I can’t help but think this is an interesting topic—public corruption cases,” he said. “[Federal jurisdiction] is an interesting question because everyone opposes corruption, but now how should the government address it?”
Buell said questions of federalism require careful interpretation of the Constitution but that some types of offenses, such as organized crime, are most effectively handled by the federal government.
Baker—who has presented a number of cases in federal court himself—began his remarks by asking the audience why jurisdiction is such an important issue. He explained that jurisdiction is the basis of the country’s law, and said the line between federal and state government has become too blurred. Federal jurisdiction now includes more cases not originally within its realm.
“The federal government does everyone’s job but their own,” Baker said. It used to have jurisdiction over approximately 4,000 different crimes but has since continued to add more, he added. In some cases, the federal government oversteps boundaries by involving itself in state issues.
The forum ended with a question and answer period for the aspiring law students. The formerly quiet crowd became animated and asked the professors a number of legal questions.
Serena Rwejuna, a first year law student, said she was drawn to the forum because it discussed “a current issue displaying the constitution in action.”
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