Due to the lapse in appropriations, Department of Justice websites will not be regularly updated. The Department’s essential law enforcement and national security functions will continue. Please refer to the Department of Justice’s contingency plan for more information.

1533. Presidential Assassination Statute -- 18 U.S.C. § 1751 -- Constitutionality

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 JM 9-65.300]

Updated September 19, 2018