Abstract
Call me absolutist. To me, Stacey Koon,l Lemrick Nelson,2 and Paul Hill3 look alike. Each of these men was twice put jeopardy for the something the Double Jeopardy Clause4 plainly prohibits. The Supreme Court agrees that these cases are alike. The Court's dual sovereignty doctrine, which holds that prosecutions by two different sovereigns-either state or federal governments-can never be for the same offense, would permit reprosecution all three cases.5 Akhil Amar and Jonathan Marcus, rethinking double jeopardy in the wake of the Rodney King affair6 seek to mediate between the Supreme Court's fiction-based approach and my Hugo Black-like insis-
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