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.
Introduction The United States judicial system is unmatched and made of two separate court systems: the state and the federal court systems. Although state and federal court systems have the responsibilities of hearing certain kinds of cases, neither one is exclusively independent of the other and the two systems frequently interact. Although the two courts systems are different, the key goal of the two courts is to resolve any legal dispute and vindicate legal rights (Administrative Office of the U.S. Courts, n.d.). The purpose of this paper is to discuss the differences between the state court systems and the federal court systems. Every state has its own independent judicial system and in the judicial system the higher courts is the authority concerning the law with regard to state laws and the states viewpoint.
Judicial review in the United States refers to the power of a court to review the constitutionality of a statute or treaty, or to review an administrative regulation for consistency with either a statute, a treaty, or the Constitution itself. The United States Constitution does not explicitly establish the power of judicial review. Rather, the power of judicial review has been inferred from the structure, provisions, and history of the Constitution. [1] The Supreme Court's landmark decision on the issue of judicial review was Marbury v. Madison (1803),[2] in which the Supreme Court ruled that the federal courts have the duty to review the constitutionality of acts of Congress and to declare them void when they are contrary to the Constitution. Marbury, written by Chief Justice John Marshall, was the first Supreme Court case to strike down an act of Congress as unconstitutional, unless one counts Hollingsworth v. Virginia (1798) or U.S. v. Todd (1794).
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.
“U.S v. Texas” By: Rebecca Criswell The word constitution is described as being a “fundamental law”; “law determining the fundamental political principles of a government.” The U.S Constitution is the “fundamental law” for the United States, which makes the Texas Constitution the “fundamental law” for the state of Texas. Most constitutions for the states are based off the U.S Constitution, which means the two constitutions have similarities and differences. One similarity is that the U.S and Texas Constitution both have a bill of rights. A difference between the two bill of rights is that while the U.S Constitution gives you the right to a trial by jury, but only if the defendant is looking for more than 6 months worth of jail time. In the Texas Constitution you have the right to a trial by jury, for any person charged with any offense, even minor traffic violations.
* Constitutions are used as the overriding law. The constitution laws establish the principles of government involvement in either federal or state level law. This created the branches of the government, presents certain powers of each branch and what powers they do not have. The constitution prevents other government parties from passing laws that specifically limit individual rights. * Administrative laws are elected by administrative agencies.
The three branches of U.S. government are all supported by the U.S. Constitution. Each branch will be broken down to the basic forms and understood how each one is different and have their own roles. The legislative branch is the branch that controls all the power of laws for the whole country. The Legislative branch powers consist of regulating takes, the power to declare war on any foreign country, or the power to impeach the president. The Congress consists of two houses, The Senate, and the House of Representatives.
The last is the judicial branch. All are separated and have different jobs assignment but comes together to help resolve issues. Thus, the centerpiece of our systems is the doctrine of Separations of Powers that constitutionally assigned duties to the three branches of government: legislative, executive, and judicial to distinct and have checks and balances on each branch to prevent abuse of power from the government; it is to keep a democracy. The legislative branch internally has its’ own way of balancing powers. As you know the Legislative Branch is broken up into two parts or houses of the federal government of the United States of America consisting of the Senate and the House of Representatives.
However, both principles function under one principle which is checks and balances. The second part of the U.S. Constitution focuses on individual rights and liberties. However, we will only be discussing the first part of the Constitution in this essay. The framers of the U.S. Constitution wanted to prevent the concentration of power into the hands of one individual, or even one group of individuals, within the national government. In order to accomplish their goal they decided it was necessary to divide the governmental functions into three: legislative, judicial, and executive.
Essay 1: Civil liberties are legal and constitutional rights that protect citizens from government actions. The civil rights specify what the government must do, creating limitations on government actions and creating what they cannot do. There are many different examples of civil liberties including the right to bear arms, the right to a fair trial, the right to due process, right to own property, the freedom from slavery and forced labor, freedom of press, freedom of religion and expression, the right to privacy, also the freedom from torture and death. Civil liberties are concerned with our basic right and freedoms that are ‘guaranteed’ and sourced from the Bill of Rights and the Constitution. The courts and laws have understood these documents throughout history.