1533
Presidential Assassination Statute18 U.S.C.
§
1751Constitutionality
|
The constitutionality of 18 U.S.C. § 1751(h) rests on the power
of
Congress to suspend the enforcement of State laws which interfere with the
protection of a dominant Federal interest in the same subject. Cf.
Pennsylvania v. Nelson, 350 U.S. 497, 504-05 (1956). Conflicts of
jurisdiction resulting from the commission of an independent State offense
such
as the wounding of the Governor, incidental to an offense against the
President,
are to be resolved on a case-by-case basis. Attorneys are encouraged to
discuss
these cases with the Terrorism and Violent Crime Section of the Criminal
Division, as needed.
[cited in USAM 9-65.300] | |