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Description about federalism
Description about federalism
The significance of federalism
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Federalist #51 1- Madison says that each department should have a will of its own. Also saying that we should give those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The constitution would say separation of powers. These can keep separated by elections of who will be doing what for whom, the power each institution is given over the two and how they will be doing things different from each other.
The founding father’s idea when they created the Constitution was to prevent a centralized government. As expressed by James Madison in Federalist No. 51, they believe that the power surrendered by people would be divided between the federal and state governments, creating balance of power that would enable both governments to control each other. Over time, the balance of power between the federal and state governments has shifted in favor of the federal government and this has taken place with the help of the Constitution and by enactments of Congress. The role that Chief Justice John Marshall played in defining the power of the federal and state governments during the early 19th century is important to mention because he shaped the nation.
Throughout history federalism has gone through several substantial changes, such as the boundaries and balances between the state and national government. Due to this we have experienced several different era’s of federalism from the original “dual-federalism” to the “new federalism” and just about everything else in between. Dual-federalism also known as divided sovereignty was a optimistic belief that federal and state government could exist if their was a clear division between authority. The problem with this is that there was a clever mechanism in the constitution that reserved a powers clause in favor of the national government. Such cases held in Marshall court favored the national government “McCulloch v. Maryland(1819)”, “Gibbons
Federalism is the different types of principle that the government enforce law to ensure the safety for citizen and non citizens. Paragraph 2 of the Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally the supremacy clause can also overtake the state laws and even state constitutions. The founding fathers decide to use federalism as a way to control the people and their actions, they believed that governmental power inevitably poses as a threat to individual citizens for life and liberty because some states may abuse their power so the government decide to make laws to prevent states from taking too much power. only the federal government can intervene with
How would the criminal justice be different today if the founding fathers had decided not to create a separate system of federal courts and instead allowed federal laws to be enforced? I believe society established by the state cause different the governmental laws itself reinforced in the judicial system determined witch governmental action criminals who preform a extreme crime there punishment would be less severe some states would had grater or fewer security towards those who are accused. We would experience in our country absolute regulations have fragile states Out of government judicial system indicating the government experience diversity away from the states I believe effective legislation presently executed by the government bring
Over the year’s federalism has taken on many forms within our federal system. The distribution of powers within these many forms of federal systems has had to adapt to each of these forms in order to keep up with the times. The federal system initially was set up to serve the 13 original colonies and was able to maintain their own powers given by the powers vested in each colonies individual constitutions. Federalism or the split of power between colonies and the federal or nation governing body was simply to form agreements among one another in regards to laws. The state governments possessed the powers given to them by their state constitutions which was known as reserved powers and concurrent powers were state and federal government
Describe the limitations associated with criminal justice policy making. In an ideal world law enforcement, policy makers and policing agencies are equally aligned with the forces behind criminal activity. They collect information, follow the clues and make arrest, when dealing with computer crimes there a few immediate factors that limit not only fighting the crime but knowing for certain whether it is a crime or not. Many law enforcement officers that handle computer crimes only understand basic computer language and cyber criminal terminology because it is constantly evolved, that not only limits they knowledge of what is criminal but they are also limited to how the law is applied to the crime.
James Madison wrote Federalist 51 over 200 years ago, yet its words still impact today’s government in 2016. When writing Federalist 51, Madison had two main objectives in mind; he wanted a government with a separation of powers, and he also wanted minorities to be protected. Both of his objectives have been accomplished and continue to be present in today’s American government with the latter objective being more present in today’s government even more so than in the past. To begin with, power is separated in today’s government, preventing a single person or group from having absolute power since, “Power tends to corrupt, and absolute power corrupts absolutely,” according to John Dalberg-Acton. The American government is composed of three branches which power is separated amongst.
U.S. district courts, U.S. courts of appeals, and the U.S. Supreme Court make up the three-tiered hierarchy of the federal court system. U.S. district courts are the trial courts. They have jurisdiction over cases concerning violations of federal law. There are 13 U.S. courts of appeals or circuit courts. These courts are located in major cities and the cases are heard by a number of associate justices.
An administrator of any organization has to be able to manage and lead for his organization to be effective. Management is organizing the proper resources to accomplish the goals and leadership is getting the employees to want to work to get those goals (Chronkhite, 2013). Undertaking these skills is both a science and an art as the administrator must understand management and leadership ideas and theories and then be able to put them to use (Chronkhite, 2013). Along with the above skills a good administrator must be able to balance his two major responsibilities: “accomplishment of the mission and satisfaction of employee needs” (Chronkhite, 2013, p. 4). If a criminal justice administrator, especially a police chief, is not able to balance the two major responsibilities, he could find himself out of a job as either the public, his employees, or both might rebel.
The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.
Moving forward, in order to understand the criminal justice system more, it is important to know what the concept of federalism is. Federalism is meant the government powers being shared within the national government and states. As I should also mention, federalism plays a part in the growth and development of the United States. While reading through the textbook, federalism established a powerful national government, allowing state powers and traditions. As an example that was mentioned in the textbook, back in 2015, California was known for becoming the fifth state to legalize physician-assisted suicide, but only allowing for those certain patients who were ill.
In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.
Richard a kid who made a mistake, then having his freedom taken away is the worst thing that can happen to a human. When fairness isn’t administered it is vanished from the person. In Richard’s case he was not given the chance to speak for his liberty. He was shut down completely with no knowledge of what was happening. Richard was a kid that the system took with no fundamental reason.
Federalism Federalism is a system of government in which power is divided between federal government, state government and provinces government. While federalism has many benefits, among them is checks and balances between the federal and state government, thus reducing the chances of one party getting too powerful and abusing their power. Preventing one party from being too powerful and abusing their powers is a good thing. However, it comes with a price that federal and provinces (state and local) governments do not always see eye to eye and agree with each other, which turns into conflict.