Also known as: dual-sovereignty · dual sovereignty doctrine · separate sovereigns
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional principle recognizing that the federal government and each state derive independent authority from their respective sources of power. This structure permits each sovereign to enforce its own laws even when conduct overlaps with another sovereign's interests.
Deborah Dunn manipulated natural gas prices through sham trades affecting markets in two states. State W convicted her under its market manipulation statute. State X then brought its own charges based on the same trades. Because each state acts as a separate sovereign, the second prosecution proceeds without violating double jeopardy protections.
Deborah Dunn manipulated natural gas prices through sham trades affecting markets in two jurisdictions. The federal government convicted her under its fraud statute. The state then brought its own charges based on the same trades. Because each sovereign acts independently, the second prosecution proceeds without violating double jeopardy protections.
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Dominic Drake manipulated prices through sham trades affecting markets in two jurisdictions. The state convicted him under its fraud statute. The city then attempted its own charges based on the same trades. Because a municipality is not a separate sovereign, the second prosecution is barred by double jeopardy.
Daniel Diaz manipulated prices through sham trades affecting markets in two jurisdictions. The federal government convicted him under its fraud statute. The state transit authority's parallel charges based on the same trades were allowed because dual sovereignty treats each government as an independent prosecutor.
Devon Drake manipulated prices through sham trades affecting markets in two jurisdictions. The federal government convicted him under its fraud statute. The state then brought its own charges based on the same trades. Dual sovereignty permits the second prosecution because each government is a distinct sovereign.
Delilah Duran manipulated prices through sham trades affecting markets in two jurisdictions. The federal government convicted her under its fraud statute. The state then brought its own charges based on the same trades. Because each sovereign derives independent authority, the second prosecution is permitted.
Yes. Each state is treated as a separate sovereign deriving its authority from its own people. The Double Jeopardy Clause therefore does not bar the second state prosecution even when the underlying conduct is identical.
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Yes under the constitutional dual sovereignty doctrine, although some state statutes may impose additional limits. The federal government and the state each act as independent sovereigns when enforcing their own criminal laws.
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No. Dual sovereignty addresses only whether separate sovereigns may each prosecute the same conduct. It does not limit Congress's ability to direct state officers.
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…where interstate commerce is involved, which are equally applied to the citizen because he is subject, as are aliens, to a dual sovereignty. The Chief Justice and Me. Justice McReynolds concur in this opinion. Footnotes — Dissenting opinion · Stone · [^disA- ] [^disA-1]: Tit. 34 § 1311.1001, Purdon’s Penn. Stat. Ann.,…