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Congress must accord states the esteem due to them as joint participants in a Federal system."
According to prosecutors, the marital privilege cannot be used by joint participants of a crime to conceal their activities.
The privileges may also be suspended where both spouses are joint participants in a crime, depending on the law of the jurisdiction.
Hirschfeld Mack was joint participant, with the former Bauhaus master Gertrud Grunow, in the Second Congress of color-sound research in 1930 in Hamburg.
The concurring opinion of Justice Douglas described the majority opinion as holding, under the particular facts of the case, that the state was a joint participant in the policy of segregation.
Congress must accord states the esteem due to them as joint participants in a federal system . . . In apparent attempt to disparage a conclusion with which it disagrees, the dissent attributes our reasoning to natural law.
Although the Constitution grants broad power to Congress, our federalism requires that Congress treat the states in a manner consistent with their status as residuary sovereigns and joint participants of the governance of the nation," he wrote.