What is dual sovereignty?

Dual sovereignty is a legal principle that allows two separate entities, such as the federal government and a state or tribal government, to exercise criminal jurisdiction over the same offense committed within their respective territories.

Under dual sovereignty, each government has the power to enforce its own criminal laws without interfering with the other government's right to do so. This means that a person who is acquitted of a crime in state court can still be tried and convicted in federal court for the same offense since they are considered separate sovereign entities.

The principle of dual sovereignty has been controversial, with some arguing that it allows for double jeopardy and violates the Constitution's Fifth Amendment protection against being tried twice for the same crime. However, the Supreme Court has consistently upheld the principle of dual sovereignty, citing the separate jurisdictions and sovereignty of the two governments as justification for its legality.