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Federalism DA
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Federalism DA

This disadvantage argues that matters of criminal justice policy should be left to the states to decide. Specifically, the death penalty is an example of federalism, where states serve as “laboratories of democracy” empowered to make their own choices. If the plan forces the states to adopt federal policy, it means that this will not be limited to the area of the plan, and that the federal government will have the authority to overturn states on all criminal justice issues. Quarantines and lockdowns are currently done on a state-by-state basis and are enforced by policing, which is inherently a criminal justice issue. If the federal government says state and local police are not allowed to enforce lockdowns, Covid protocols will be broken and millions of people could die.


1NC—Federalism DA

Federal Death Penalty preserves federalism – provides states political cover and allows to be laboratories of criminal justice policy – turns case


Campbell 11 (Michele Martinez Campbell, Associate Professor of Law, Vermont Law School, “FEDERALISM AND CAPITAL PUNISHMENT: NEW ENGLAND STORIES.” Vermont Law Review, Vol. 36, Fall 2011, https://lawreview.vermontlaw.edu/wp-content/uploads/2012/02/12-Martinez-Campbell-Book-1-Vol.-36.pdf, Accessed 6/9/20, JMoore)
The federal death penalty can play a salutary role in preserving state abolitionism in the face of political pressure and should be viewed as a help rather than a hindrance to robust federalism. The Petit and Jacques case studies, read together, suggest that state diversity in sentencing policy is more resilient where federal capital charges are available to address those rare murder cases that generate political backlash. Federal capital punishment, rather than squelching states’ freedom of choice in capital sentencing, can preserve the ability of the states to function as “laboratories” 296 of criminal justice policy. Polls demonstrate that sentiment in favor of abolishing capital punishment is lukewarm at best. 297 Even in states with no death penalty, abolitionism hangs by a thread and a highprofile, particularly shocking murder can pose a serious threat to a state abolitionist sentencing regime. The availability of the federal death penalty in those cases can blunt public outrage sufficiently to protect state abolitionism.

Federal decisions on criminal justice would break the presumption against preemption over state police powers – that’s key to coronavirus quarantines



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