Each state has their own specific unique laws established individually for their state. In conjunction with those laws that exist over the people in their specific state there are also federal laws that govern the states as well as the people who live in them. People who live in the United States have two sets of laws that they must abide by. These laws that govern the people are known as state laws and federal laws. 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.
That these powers are permitted to the congress as elastic clause. The example is that the Constitution is relatively simple and straight forward document that is set to the branches of government which these powers fall into the category in the Bill of Rights 10th Amendment. According to the Constitution that the level of government that takes precedence in the conflict will be the Supreme Law of Land and the national which in this case is the Federal Government which are under the constitutional principles. It means whenever there is a conflict between state and federal laws it takes precedence which is known as the Supremacy Clause. The McCulloch vs. Maryland is an example of a proper clause in the United States Constitution.
According to the Constitution Article 1, the powers were bestowed upon congress. In the legislative process the House and Senate are equal (without consent from both of the chambers laws could not be made). However, each chamber was granted some unique powers by the constitution, the empowerment to ratify treaties and to approve appointments of the president. All bills for raising revenue shall originate in the House of Representative, in
Incorporation doctrine states that most protections within the Bill of Rights are applied to the states as well as the federal Government, it allows the Supreme Court to apply the Bill of Rights to the states under the Fourteenth Amendment Due Process and Equal Protection Clauses Under the original understanding of the Constitution, the power of the states was not limited by the Bill of Rights. Before these rights States could restrict freedom of speech, search without warrants, and deny trial by jury, just to name three examples. The creation of the Fourteenth Amendment starting in 1925, helped the justices of the U.S. Supreme Court began to rule that some rights were so fundamental to the conception of due process of law that they must apply to the states through the Fourteenth Amendment, which prohibits any state from denying due process of law to any person. However homosexuals are not protected by this doctrine. The 14th Amendment 1868 due process clause this dictates that neither state or Government could get in the way of personal rights this is an extremely effective away to protect the civil liberties of its citizens .
Overtime the Constitution has been amended and thus the amendments have been established to further protect citizens from unlawful or repressive acts of government (Bill of Rights are included in the first ten amendments and were established in 1791). Inasmuch, the limited powers have been granted to the three branches of government (Executive, Legislative and Judicial) known as enumerated powers. Primary powers of government have been given to Congress; Congress has enumerated powers in 18 different clauses. The powers that generally impact business owners and managers include (1) the power to regulate commerce ( Commerce Clause ); (2) taxing the citizenry and commercial entities and spending government funds
Every state has an executive branch that runs by a governor. The governor’s duties is similar to the president’s duties to the country. Although there are some similarities between the states governments and the federal government, there are some differences in terms of powers. There are some powers that they both shared such as collect tax and borrow money. Both states and federal governments can collect tax and borrow money if needed.
The US Constitution did not abolish slavery, and an interesting guarantee regarding slavery was included in Article IV of the Constitution. Conclusion The US Constitution serves as the highest and supreme law of the United States. Although
The Magna Carta acknowledged some of the basic human rights such as property rights, protection from over taxation, and the rights of due process. Essentially, the Magna Carta was the beginning stages for our modern democracy, a document that would start limiting the power of the king and expressing the freedom of men. The government is divided into three bodies within the Constitution: the executive, the legislative, and the judicial branches. The first article in the Constitution focuses on the establishing of Congress, which immediately shows the authors' view on the significance of the representative side of government. Congress would compose of elected officials from all states, and have the power to propose and pass laws.
a. Federalism b. Dual federalism c. Cooperative federalism d. Devolution e. Sovereignty 7. Article I of the U.S. Constitution establishes that federal law grants Congress the power to make “all laws which shall be __________, for carrying into execution the foregoing powers, and all other powers vested by this constitution, in the government of the United States, or in any department thereof.” a. irrelevant b. persuasive c. secondary d. necessary and proper e. significant 8. The __________ Amendment says that those powers not given to the federal government and not prohibited to the states by the Constitution are reserved for the states and the people. a.
These powers can be classified as: o Powers of the National Government – most of the powers expressly (expressed powers) delegated to the national government are found in Article I, Section 8, of the Constitution (enumerated powers). The implied powers of the national government are also based on Article I, Section 8, which states that Congress shall have the power “to make all laws which shall be necessary and proper for carrying” out the laws (necessary and proper clause or elastic clause – because it provides flexibility to our constitutional system). ▪ McCulloch v. Maryland – the elastic clause was first used in this Supreme Court case to develop the concept of implied powers. Through this concept, the national government has succeeded in strengthening the scope of its authority to meet the numerous problems that the framers of the Constitution did not, could not, anticipate. ▪ The inherent powers of the national government derive from the fact that the United States is a sovereign power among nations, and as such, its national government must be the only government that deals with other