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Principles of federalism
Historical development of the court system in america
Principles of federalism
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Historical documents such as the Constitution were carefully written by our ancestors to guideline the development of our current government. Currently the government operates under a dual system to allow a more balanced manner in extending the phrase” for the people, by the people.” Thus, this dual system allows each state a portion of authority and power in governing the residents of that state while allowing the Federal government the means of governing and providing a means to balance fairness with the state’s ruling. The establishment of a dual system ultimately requires both state and Federal government to corporate in implementing polices. However, an examination of both the similarities and differences of the state and Federal government is necessary to thoroughly understand how the dual system operates. The State and Federal governments share many similarities. Each has authority in exclusive powers. Under these powers, both the state and Federal governments have courts, create and collect taxes, build highways, borrow money, make and enforce laws, charter banks and corporations, provide funding that betters general welfare, and take private property for just compensation (Longley, 2011 a). Each also is its own Constitution or rules that guide them in regulation. They also have similar structures of operation. Finally, each shares the means of allowing society to vote representatives in office; although the voting process slightly differs for each. Although the state and Federal government shares similarities, they differ in many ways. The Federal court is governed by the Constitution whereas states create their own state constitution and operate under past rulings of the court. State government is restricted in j... ... middle of paper ... ...Office of the U.S. Courts. (nd.). Comparing Federal and State Courts. Retrieved from http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/Com paringFederalAndStateCourts.aspx Longley, R. (2011a). Federalism: National vs. State Government. Retrieved from http://usgovinfo.about.com/od/rightsandfreedoms/a/federalism.htm Longley, R. (2011b). Federal Regulations the Laws behind the Acts of Congress. Retrieved from http://usgovinfo.about.com/od/uscongress/a/fedregulations.htm Marion, N.E., & Oliver, W.M. (2006). The Public Policy of Crime and Criminal Justice. Retrieved from The University of Phoenix eBook Collection database. National Center for Postsecondary Improvement. (2003). Origins and Stages of State Assessment . Retrieved from http://www.stanford.edu/group/ncpi/unspecified/assessment_states/policyDevelopment.html
An example of this would be that the federal government has control over the military, foreign policy, our postal system and the monetary policies. The state government has the responsibility for the police/law enforcement, road building and the schools.
The United States' Constitution is one the most heralded documents in our nation's history. It is also the most copied Constitution in the world. Many nations have taken the ideals and values from our Constitution and instilled them in their own. It is amazing to think that after 200 years, it still holds relevance to our nation's politics and procedures. However, regardless of how important this document is to our government, the operation remains time consuming and ineffective. The U.S. Constitution established an inefficient system that encourages careful deliberation between government factions representing different and sometimes competing interests.
Through the first chapter of this book the focus was primarily on the notion of controlling crime. The best way to describe crime policy used in this chapter is comparing it to a game of ‘heads I win, tails you lose’. This chapter also addresses the causes for decline in America’s
Hickey, T. J. (2010). Taking Sides: Clashing Views in Crime and Criminology, 9th Edition. New York, NY: The McGraw-Hill Companies, Inc.
In the Constitution, central and state governments received power that was shared and split in a federalist system, preventing tyranny of one over the other. Madison put forward his idea of federalism in Federalist Paper #51. “...the power surrendered by the people is first divided between two distinct governments...The different governments will each control each other, at the same time each will be controlled by itself” (Doc. A). A Venn diagram derived from the Constitution shows that the central government controlled national affairs such as war, foreign trade, and foreign relations, and states controlled internal affairs such as establishing public services and regulating in-state businesses. The shared powers included taxes, loans, and laws. Despite Madison’s bias towards the federalist system (rarely does one truly attack one’s own political treatise within it) in his quote, the apportioning of powers shows that neither the central or st...
To define the terminology of federalism to a simplistic way is the sharing of sovereignty between the national government and the local government. It is often described as the dual sovereignty of governments between the national and the local to exert power in the political system. In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government. However, federalism in the United States is hitherto uncertain where the power lies in the contemporary political system. In this essay I will outline and explain how power relationship alternates between states and federal government. Moreover I will also discuss my perspective by weighing the evidence based upon resources. Based on these resources, it will aid me to evaluate the recent development in the federal-state relationship.
The opposing argument serves as a perfect gateway to the topic of relationship between Federal and State government. In the United States, the Supremacy Clause serves...
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
The Supreme Court and Federal court have the same authority as in the Constitution. This system is called checks and balances which prevents the sole power of any one of the three branches. In addition, this power can be divided between the states and Federal government. The Federal government’s role in “domestic and foreign affairs and how they have grown” (Fe...
national government, Congress is the legislative branch. The Executive branch is led by the President and the judicial branch is run by the Supreme Court (SCOTUS). Each branch of the national government has power over each other and can check each other. Congress makes laws for the entire country. The president (executive branch) carries out the laws that congress makes. The judicial branch interprets how the law should be read. Each branch has separate jobs (separation of powers). For the state, governors have the authority to issue executive orders. This means that they can veto the legislation they enforce state laws instead of national laws. In the state, the legislation branch consists of two houses which are considered bicameral. The judiciary branch of the state government is the state courts. The state and national level of government basically check each other in the same ways at the legislative
When reading the Constitution you see many examples of compromises between the power of the federal government and the power of the states. There are limits set on for states, limits set on Congress, and...
Neubauer, D. W., & Fradella, H. F. (2011). America’s courts and the criminal justice system (10th ed.). Belmont, CA: Wadsworth.
Pratt, T. C. (2008). Rational Choice theory, criminal control policy, and criminology relevance. Policy essay, 43-52.
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
Then there is the state government which are responsible for governing affairs within their borders, and carrying out federal laws and programs at the state level. They are governed by their own constitutions and retain any rights that the U.S. Constitution does not exclusively grant to the federal government. The state government is limited as they cannot form alliances with other states and must honor and respect the laws and institutions of the other states. And finally there is the federal government which is the central and highest level of government in the U.S. It is divided into three branches and each branch has its own rights and power to check and balance the powers of each branch. The federal government has the power to regulate taxes, establish federal welfare programs and make laws in the interest of the nation as a whole. There are also limitations set to the federal government’s authority, as they cannot ask local law enforcements agencies to do minor administrative jobs. Although all levels of government have their own responsibilities there are limits to interfering with other governments