List the eight limitations upon what an American legislature may criminalize through its statutes?

Question

cant seem to find this answer in my criminal law book.

Answer 1

Ahhhhh. WHAT?

Answer 2

You probably cannot find it because there is not a short list of specific things that cannot be criminalized -- unless some textbook made up a list.

At the state level, anything can be criminalized unless it is specifically protected by state or federal constitution, or by specific federal statute that preempts state laws. That's because states have plenary police power.

At the federal level, Article I Section 8 lists the main areas of authority that Congress has to pass laws -- outside of that they are much more limited. But again, federal constitutional limits prohibit certain types of behavior from being criminalized.

Then there are the hundreds of Supreme Court rulings that declare certain types of acctivity to be protected as fundamental righs -- so those would also be off limits.