Federal Assassination Law

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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4 Responses

  1. I blogged just this question last night. http://joshblackman.com/blog/?p=5881 Thanks for the reply!

  2. Gerard Magliocca says:

    Great minds think alike! I hadn’t seen your blog since I got back from AALS.

  3. Veracitor says:

    (1) State laws against murder (etc.) are hardly weak reeds.

    (2) It’s actually rather obnoxious and un-American for Congress to prescribe special penalties for crimes against high Federal officials. In the U.S. everyone is supposed to be equal under the law coming and going. Federal officials’ lives are NOT “worth more” (morally) than the lives of ordinary good citizens. (I realize that the lives of highly-paid Federal officials are worth more than those of lowly private-sector workers in civil suits by relatives for money damages.) Special statutory solicitude for high officials may not be unconstitutional, but it is disgusting.

    (3) Oswald might well have been held initially in a local jail even if he’d been arrested on Federal charges. It’s quite common for new Federal arrestees to be held in local jails, since the US Marshal doesn’t keep a Federal hoosegow in every town.

  4. And rightly so, there isn’t any Constitutional delegation of power for the federal government to exercise general police power, (Outlawing crimes such as murder…) outside of federal territories purchased with the permission of state governments. Outside of such territories, such crimes ARE a state matter, properly.

    It somehow doesn’t count if your murderer is tried, convicted, and executed, by a state government?