# Why Were The Rosenbergs Executed By New York State?

**URL:** <https://boards.straightdope.com/t/why-were-the-rosenbergs-executed-by-new-york-state/830552>\
**Category:** Factual Questions\
**Created:** [March 5, 2019, 2:52am UTC](https://boards.straightdope.com/t/why-were-the-rosenbergs-executed-by-new-york-state/830552 "2019-03-05T02:52:52Z")\
**Posts on this page:** 8\
**Page:** 2

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [March 5, 2019, 2:50pm UTC](https://boards.straightdope.com/t/why-were-the-rosenbergs-executed-by-new-york-state/830552/21 "2019-03-05T14:50:58Z")

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> [@Colibri](#):
>
> However, looking into this further, the United States District Court for the District of Columbia serves both as a federal court and as a municipal criminal court for the District. I would assume that the murder charges would have been local ones, rather than federal.

And looking still further, the conspirators weren’t tried in the District Court, but by a military commission. And none were charged with murdering Lincoln. They were charged with conspiracy or attempted murder of other officials.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [March 5, 2019, 2:54pm UTC](https://boards.straightdope.com/t/why-were-the-rosenbergs-executed-by-new-york-state/830552/22 "2019-03-05T14:54:53Z")

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> [@Chronos](#):
>
> _Everything_ in DC is federal. It might also be local, but it’s still federal.

Sort of. Marijuana has been legalized at the District level in DC, but not at the Federal level, for example.

The point is that the murder of Garfield would have been prosecuted under DC statutes, not federal statutes.

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**Author:** ![Falchion](https://avatars.discourse-cdn.com/v4/letter/f/a88e57/32.png) [@Falchion](https://boards.straightdope.com/u/Falchion)\
**Post date:** [March 5, 2019, 3:22pm UTC](https://boards.straightdope.com/t/why-were-the-rosenbergs-executed-by-new-york-state/830552/23 "2019-03-05T15:22:17Z")

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> [@zev\_steinhardt](#):
>
> Julius and Ethel Rosenberg were convicted of the federal crime of espionage. They were executed for that crime by the State of New York at Sing Sing prison.
> 
> Why weren’t the Rosenbergs executed by the federal government, considering the fact that they were convicted of federal crimes?

According to the [US Marshals Service](https://www.usmarshals.gov/history/executions.htm), the US Marshal for the Southern District of New York “rented” the electric chair at Sing Sing for the execution. So, strictly speaking, they were executed by the federal government, just at a state facility.

More generally, it seems like the US Marshals Service carried out executions on their own while hanging was the commonly accepted method of execution. As that became less true, the Marshals Service used state facilities. The federal death row in Terre Haute opened in 1993.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [March 5, 2019, 4:42pm UTC](https://boards.straightdope.com/t/why-were-the-rosenbergs-executed-by-new-york-state/830552/24 "2019-03-05T16:42:20Z")

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> [@Colibri](#):
>
> Sort of. Marijuana has been legalized at the District level in DC, but not at the Federal level, for example.
> 
> The point is that the murder of Garfield would have been prosecuted under DC statutes, not federal statutes.

DC statutes are federal statutes. Although the 1973 District of Columbia Home Rule Act allows DC’s council to pass legislation, all DC Code amendments must be approved by Congress.

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**Author:** ![Pleonast](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pleonast/32/1183_2.png) [@Pleonast](https://boards.straightdope.com/u/Pleonast)\
**Post date:** [March 5, 2019, 7:26pm UTC](https://boards.straightdope.com/t/why-were-the-rosenbergs-executed-by-new-york-state/830552/25 "2019-03-05T19:26:14Z")

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Could a federal death warrant compel a state to execute a person? Or does it merely permit a state to do so? That is, does the supremacy clause apply?

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**Author:** ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)\
**Post date:** [March 6, 2019, 12:46am UTC](https://boards.straightdope.com/t/why-were-the-rosenbergs-executed-by-new-york-state/830552/26 "2019-03-06T00:46:21Z")

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> [@Colibri](#):
>
> Killing a president was not made a federal crime until 1965, in large part because of the Kennedy assassination. (It was one of the recommendations of the Warren Commission.) I remember this being discussed at the time. Oswald would have been tried by the state of Texas for murder.

Ah, thank you. Ignorance fought.

Zev Steinhardt

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [March 8, 2019, 10:28pm UTC](https://boards.straightdope.com/t/why-were-the-rosenbergs-executed-by-new-york-state/830552/27 "2019-03-08T22:28:39Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> DC statutes are federal statutes. Although the 1973 District of Columbia Home Rule Act allows DC’s council to pass legislation, all DC Code amendments must be approved by Congress.

Or IIRC can become law if Congress does not object.

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**Author:** ![Mr\_Quatro](https://avatars.discourse-cdn.com/v4/letter/m/bc8723/32.png) [@Mr\_Quatro](https://boards.straightdope.com/u/Mr_Quatro)\
**Post date:** [March 9, 2019, 6:36pm UTC](https://boards.straightdope.com/t/why-were-the-rosenbergs-executed-by-new-york-state/830552/28 "2019-03-09T18:36:09Z")

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Indiana is reported to be the end for Federal criminals now.

> **[Federal Executions 1927-1988](https://deathpenaltyinfo.org/stories/federal-executions-prior-to-1988)**
>
> This list provides details of federal executions beginning in 1927. For fed­er­al exe­cu­tions pri­or to 1927, see DPIC’s Espy File page . NAME …

> [@](#):
>
> In 1999, the federal Bureau of Prisons converted an old cell block in Terre Haute, Indiana, into a new facility for condemned federal prisoners. In 1995, the government established an execution chamber in Terre Haute. Since that time, all Federal executions have taken place in Indiana.

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