For example, criminal laws, property laws, contract laws...etc are decided by the state, not the federal government and they aren’t allowed to govern those areas. How do we determine who should be running which areas of the government? Federalism is defined as the allocation of power between the national government and local government. The term "federalism" is also used to describe a system of government in which control is constitutionally divided between a central governing authority and local political units (such as states or provinces). Federalism is a system based upon democratic rules and institutions in which the power to govern is shared between national and provincial/state governments (Baluyot, 2007.)
In this paper we will attempt to compare and contrast the differences and similarities of federal and state government as it pertains to their role in the implementation of criminal justice policy. We will try to address several aspects of policy for the development and implementation of those laws. The United States Constitution governs our nation. The Constitution provides the federal government the authority it needs to handle the nations international affairs as they deal with foreign policy, this enables the federal government to create and establish the national defense needs of the nation, and it also allows them the power to handle and deal with the issues which are currency related inside the nation. The federal government is superior to state government, and, because of this federal law will override state law.
A number of reasons explaining why a constitution is considered to be a living document include, the ideas of separation of power, checks and balances, judicial reviews and the process of amendment. In relation to the idea of separation of power a constitution is regarded to a living documents because this idea encompasses a model that defines who is in control of a state. This idea of separation of power emphasizes that several branches make up the state (Strauss 45). Each of the branches is unique and distinct from the other in terms of its responsibilities. Additionally, it exercises power independently to avoid conflicting with the other branches.
Another control is the enabling Act or the parent Act. Only the people or bodies specified in the enabling Act have the power to make law, and the extent of that power is also specified. The enabling Act set out how the delegated legislation must be made and may establish certain procedures, such as consultation, that must be followed. Also there is the repeal of the Enabling Act. This is Parliaments ultimate control as they can make or unmake any law.
One could be its ability to prevent abuse of power. The amendment process in American was made deliberately complicated by the founding fathers to prevent rash changes being made. A two thirds majority is needed in both houses and a further ratification from three quarters of states. This may appear to make it outdated as it would not adapt as society evolved it still maintains the ability to be interpreted in order to be moulded to fit certain situations and viewpoints. It is claimed that the founding fathers worded certain parts of the constitution vaguely and in general terms in order to prepare for future changes without needing to make an amendment.
If powers are not outlined in the constitution, then it is up to the government (courts, judges, etc.) to decide what changes need to be made to fit the needs of society within these days. No written Constitution can anticipate all the means that might oppress people, so it is sometimes necessary for judges to fill in the gaps. The constitution was clearly meant to be interpreted and amended over time. For example, look at the Bill of Rights, and how generally various rights are stated.
This prevented the King from creating selfish laws as he pleased. In this aspect the Magna Carta is similar to the U.S. Constitution, but our constitution consists of 3 branches, instead of 2. Another example of this is the way taxes are levied. The Magna Carta says that taxes cannot be changed unless done so by the Parliament. While we do not have a parliamentary system of government, our body of government that levies taxes is Congress.
Major Problems Chapter 2 Documents 1. Alexander Hamilton Address the Convention a. What is Federal i. Grouping of independent states b. A national government must be set up so as to address the problems of the nation i. So that the states don’t indifferent themselves from each other ii.
The first phase was the dispersal of hereditary peers with only 92 remaining today and it abolished the voting rights of most hereditary peers. The second phase was to include some element of election to the appointment of Lords, but due to the lack of consensus in the House of Commons on the way forward with this reform, Phase 2 of the reform has failed. This reform has had very little impact on the government because without including any voting in the procedure of membership to the House of Lords, the House of Commons remains more legitimate therefore overall it retains its powers while the House of Lords has fewer powers. Hence, this reform has not completed its aim as it didn’t
According to Executive Order 13132, regulations and legislations “that have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government” (Executive Order No. 13132, 1999) are policies which must adhere to the principles of federalism described here. The following principles act as the guideline for public agencies. The state government holds the power to govern its peoples-within the parameters of the constitution-on issues that do not create significant impact on a national level. These peoples have the freedom to define their own moral, political, and legal