The United States portrays the best example of how a federal system of governance operates. In a federal system such as the one used by the United States, powers and responsibilities are shared between the national and state governments. The United States currently has fifty states, which came together to form one country. Although aspects such as the currency, and immigration are mainly controlled by the national government, individual states also control functions and responsibilities such as collection of tax, maintenance of law and order, and prosecution of criminal offenders (The Texas Constitution). The United States constitution to a large extent makes everything clear concerning the division of powers between the national and state governments. Most prominently, the supremacy clause found in Article VI pronounces federal laws, treaties, as well as the United States Constitution to be the supreme law of the land.
Congress is granted enumerated powers, which are listed in Section 8 of Article I of the U.S Constitution. The powers cover a vast array of issues, most prominently, the authority of the Congress to tax, spend and borrow. The other remaining powers, at least, as is popularly believed, belong to the states. However, there are also implied powers, which mean they are not specifically mentioned but can be derived from some clauses mentioned in the constitution. For instance, the commerce clause states that the government has the responsibility to “regulate commerce with foreign nations and among the several States...” (The Texas Constitution). In this clause, although the states conventionally have the powers to regulate commerce within their borders, the federal government also has significant influence of commercial activities happening in the individual states. The language used in such a clause may be ambiguous but the federal government is given implied powers to influence some policies in the various states. Powers shared between the federal and state governments are known as concurrent powers. Some of them include taxation, borrowing and spending of money. Additionally, the federal and state governments concurrently run judicial systems, schools, healthcare centers, among other functions. Although these functions may overlap, they are guided by the constitution, which reigns supreme.
Delegate your assignment to our experts and they will do the rest.
The supreme clause, contained in Article VI is so important to the concept of federalism. As already mentioned, the clause declares the federal laws, treaties and the United States Constitution to be the supreme law of the land. Definitely, in such a declaration, the federal government wields more power than the state governments. The constitution binds all the states together. All the criminal proceedings and procedures need to adhere to the stipulations of the constitution. The pronouncement of Article VI has various implications for the operation of criminal cases. Although the federal government is thought to have limited powers concerning the operations of the individual states, implied powers in the Constitution give the federal government immense power to prosecute cases committed in the states. For instance, the commerce clause gives the federal government authority to regulate commercial activities in the states. The Necessary and Proper clause gives Congress power to “make all Laws which shall be necessary and proper for carrying into Execution” the other federal powers given by the constitution (Neubauer, & Fradella, 2018). Conventionally, the U.S congress enacts laws setting forth federal crimes and punishments. Such clauses are open to interpretation, but evidently, they give the federal government a lot of power in regard to crime and prosecution. The individuals who drafted the constitution most probably covertly wanted to limit state powers to allow the federal government to take charge of the states and their operations. With such clauses, the federal government can bypass state laws and charge offenders in federal courts. Already, the federal laws as stated in Article I as well as the United States constitution are supreme. Congress, under the Necessary and Proper Clause can make new federal laws, which could conflict with state laws, and in so doing, the laws become supreme to the state laws.
Under the federal government, there are various bodies that help in the administration of justice and addressing crime. The Congress is the main legislative body of the federal (national government) while within the respective states, there are state legislatures. The Congress makes federal laws and outlines the punishments for the federal crimes (Scheb & Scheb, 2013). The state legislatures only make laws affecting crime and punishment within the individual states. That means state laws differ from one state to another. However, federal laws made by the Congress are supreme to the individual state laws. Cases conducted in federal courts require federal enforcement agencies and prosecutors. An agency such as the FBI, which arguably is the best crime investigation unit in the United States, is run by the federal government. Federal prosecutors help the government to convict offenders in federal courts. Additionally, incarcerated individuals prosecuted in federal courts are taken to federal prison facilities. On the other hand, state governments also have respective state prosecution, and law enforcement agencies. Police officers can be hired by the states, and individuals found to contravene state laws are prosecuted in state courts by state prosecutors; If found guilty, offenders are taken to state prisons.
In any case, whether in federal or state courts, the trial needs to be fair. At this juncture, juries become important. A grand jury usually decides whether there is probable cause to support criminal charges. On the other hand, a regular jury hears only trial cases and decides the facts. Besides defense attorneys usually challenge the charges presented by the prosecution teams in an attempt to ensure that the defendants’ guilt is proven beyond reasonable doubt (Scheb & Scheb, 2013). The work of a defense attorney is not necessarily to help the defendant to evade justice; rather a defense attorney’s role is to ensure the defendant has fair representation, and that his innocence or guilt is proven by evidence and facts not malicious charges. An incarcerated individual will definitely be sent to a correctional facility. Felonies usually land offenders in stricter correctional facilities, especially if the offenders are given severe sentences. However, for misdemeanors, individuals could be sent to rehabilitation centers or put on probation. Offenders put on probation are usually expected to perform certain services or comply with certain measures before they are acquitted of their crimes.
The American federalism form of criminal justice has advantages and disadvantages. Starting with advantages, the system enhances the union. In retrospect, the United States was formed when various states came together. It would have been a cumbersome process to merge the various criminal laws and measures of the individual states into one document. The process would have caused differences and even disputes among various states. Therefore, it is easier for each state to retain its autonomy but is bound by the overall federal laws. Secondly, the system is also less expensive and less cumbersome to the national government to run. The federal government has its own institutions which are manageable because other judicial systems and structures are managed by the respective states. However, the main disadvantage with this criminal justice system is that laws and criminal procedures usually overlap. Since the federal laws are supreme, some states may not be comfortable with some of the federal laws. For example, the commerce clause may not auger well with many states because the federal government may interfere with the state operations. As such, conflict is bound to happen.
References
Neubauer, D. W., & Fradella, H. F. (2018). America's courts and the criminal justice system . Cengage Learning.
Scheb, J. M., & Scheb, J. M. (2013). Criminal law and procedure . Belmont, CA: Wadsworth Cengage Learning.
The Texas Constitution. Federalism: A Division of Power. Retrieved from https://dlc.dcccd.edu/txgov1-2/federalism-a-division-of-power
