Discuss the Constitutional basis of Federalism to include enumerated, imply deed, Inherent, and concurrent powers. The primary institutional feature of the U. S. Constitution was a political system m in which state governments share power with the national government; this polio tactical system is called federalism. As opposed to a unitary system in which the central gave rent holds most Of the power, or a confederation in which the regional government TTS hold the majority of the power, a federalist system divides the power between a centre I government and regional governments.
The powers that each government has were given to them by the Constitution The powers granted to the national government by the Constitution are the e numerated powers, the implied powers, and the inherent powers. ; Enumerated Powers. The enumerated powers were directly written in the U. S. Constitution, and they can be found in Article l, Section 8 Of the Constitution.
The powers of the national government fall into two categories, those for the com moon defense and those for the general welfare, the powers for the common defend include: define and punish maritime and international clients, the power to De Clare AR, and fund military service. The powers for the general welfare include, the power to levy taxes, to borrow money, to regulate international and interstate commerce, to coin money, and to make laws necessary to enforce the Constitution. Implied Powers. The implied powers are not directly stated in the US.
Constitution, but are “implied” that they exist. These powers come from a VGA clause referred to as the “necessary and proper clause,” which is included in Article l, Section 8. This clause gives the national government the power “to make all laws which shall be necessary and proper for carrying into execution the foregoing powers. What this means is that Congress has the power to enact necessary to carry out the enumerated powers. For example one of the ENUM e rated powers is the power to collect taxes; therefore the implied power is that Congo Reese establishes the IRS to collect taxes.
Inherent Powers. The national government possesses other types of powers; these powers are the inherent powers. Like the implied powers, the inherent powers are not specifically stated in the U. S. Constitution, but posses them is imply because the national government is sovereign; these powers are essential to protect the citizens and defend its right to exist. An example of this is the right t to regulate immigration. The states also have certain powers granted to them by the Constitution.
The 10th amendment says that those powers not granted to the national government s would go to the states. They can establish their own, government as long as it doesn’t con flick with the U. S. Constitution or national statutes. Some examples of these powers include e, the power to establish local governments, to issue licenses, to regulate intrastate com race, and to conduct elections. Both, the national and state governments can independently exercise the as e powers, the power these powers are the concurrent powers. For example they both h eave the power to collect taxes, and to make laws.
Federalism was created to prevent tyranny by the national governments, to h eave the national government share power with the state government, and so that no one government reigns supreme. Another reason for federalism was to allow incur eased political participation by the people, and for the states, it would create a testing g ground for new policies and programs. 3. What constitutional rights do those accused of crimes have? Does the cons tuition roved the right to privacy? Discuss the First Amendment principle of separate ion of church and state.
The constitution gives every citizen basic, fundamental rights which the government cannot violate. These rights are stated in the first ten amendment TTS; these ten amendments are called the Bill of Rights. For those who have been accused of a crime, the constitution underlines certain rights. Everyone who has been accused of a crime has the presumption of innocence, which means that everyone is innocent until p raven guilty. Most of the rights that those who have been accused of a crime have, are deer deed from the fourth, fifth, sixth, eight, and fourteenth amendments.
Rights under the Fourth Amendment: The right to be free from unreasonable search and seizure. This means that the police must have a search warrant before searching your property. Rights under the Fifth Amendment: The right against acclimatization or being forced to testify against oneself. This right is to forbid government from forcing anyone to confess to a crime o r to give testimonial evidence that would likely later be used to incriminate that person. This right is also known as simply “pleading the fifth. ” ; The right against double jeopardy, or against being tried more than once for the same offense.
This means that an individual cannot be prosecuted more than once for a single offense, or to be punished more than once for a single offend This forbids government from forcing anyone to confess to a crime or to give testimonial evidence that would likely later be used to incriminate that person . This right is also known as simply “pleading the fifth. ” Rights under the Sixth Amendment: The right to a speedy, fair, and public trial. This is to prevent those accused of a crime from being held in jail for a long and unreasonable time waiting for trim l.
Also because pretrial incarceration is a deprivation of liberty, the same as it would be after being convicted. Furthermore, a speedy trial is a fair trial became use the longer the person is in jail, the less likely it is that evidence will be lost, witnesses will disappear, and memories will fade. Under this right, friends an d relatives must be permitted to attend the trial. The right to legal counsel. This means that everyone has the right to be represented by an attorney, and in the case that the person cannot afford an attorney the court will appoint that person one. The right to an impartial jury trial.
A jury is selected through a pool known as a venire. To ensure that the jury is fair, the members of the venire are asked Frank Scribe questions by the judge and the attorneys of the defense. ; The right to clear notice of criminal charges. This means that the person accused of a crime must be informed of the nature and cause of the cautious The right to confront witnesses against you. This right a person accused of crime to be present during all critical stages of trial, to hear all evidence offered by the prosecution, to consult with his or her attorneys, and participate e in the defense.
The right to call supporting witnesses. If the witness refuses to testify, the person accused of the crime can have the court subpoena the witness. The WI teens will then have to testify. Rights under the Eighth Amendment: The right to be free from cruel and unusual punishment. This right guarantees the person accused of a crime his or her fundamental rights when and if that person is convicted and sentenced. The right to be free from excessive fines or excessive bail. This limits the government’s power to extract payment as a punishment for an offense.
Rights under the Fourteenth Amendment: The right to equal protection under the law. Away gives those accused of a crime equal access to the law and courts, and equal treatment by the law and the co ruts. The right to privacy is not directly expressed in the constitution, but it exists, mainly, through interpretation of the Bill of Rights. The freedom of speech, the e freedom of religion, the right to be secure against unreasonable searches and seizures can all be interpreted as the people’s right to privacy. Perhaps, the framers felt it would be redundant to list specific privacy rights in the constitution.
Although the words “separation of church and state” are not written in the Constitution, the belief that religion and government should be separate com sees from the Establishment Clause in the First Amendment of the constitution. The Establish hymen Clause reads “Congress shall make no law respecting an establishment of reel goon, or prohibiting the free exercise thereof This clause, along with the free exercise SE clause, places restrictions on the government making laws or interfering with religion James Madison, the founder of the Constitution, believed in total separation o f the church and the state.
He also believed that Christianity should not be the basis for the e law of the new nation. Thus, unlike the Articles of Confederation, the Constitution omits any reference to God. Because the Constitution does not specify it, and the words are not written, the separation of church and state is something that will always be debated. Exec TTYL how much does church have to be separate from state? Should political actions baa seed on religious beliefs like the abortion legislation be allowed?
The answers to these questions are up to personal interpretation. 5. What is the USA Patriot Act.? Discuss the debate between the laws defended r S and its critics. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act) , or as it is most commonly known, the Patriot Act, is an antiterrorism legislation in rest pones to the September 1 1, 2001 attacks on the World Trade Center. The patriot Act ex panned the government’s powers in antiterrorism investigations.
It gives officials greater authority to track and intercept communications, both for law enforcement and foreign in diligence gathering purposes. Its goals are to strengthen domestic security by identifying g and stopping terrorists. The attacks on the World Trade center left American citizens living in fear, an d leaning unsafe in their own homes and their own country. There was no quest ion that the government needed to act quickly to protect US citizens; as a result, the Patria to Act was passed just over a month after the September 1 1 terrorist attacks.
The passing g of the Patriot Act caused many controversies. Defenders of the Patriot Act believe that in stopping terrorism every tool shoo be used because people who commit crimes hide evidence of their crimes, us chi evidence may be in computers, bank accounts and conversations on their phones. Too SE who us port the act argue that in a fashioning age of cyber communications, the Patriot Act is instrumental in tracking down terrorists. Additionally, they argue that we SSH loud always be prepared to protect ourselves from terrorist, and that the Patriot A CT allows us that protection.
After all, the Patriot Act has been instrumental in finding and stopping terrorists. Those who oppose the Patriot Act believe that it is a serious threat to the Bill Rights and the liberties of American citizens. The Constitution is about restrain inning the national government, and those who oppose the Patriot Act argue that it give s the government too ml_ACH power. The government can keep and collect citizen’s riveter information without a warrant and probable cause, even if they have not bee n charged of any crime, on the basis that they are considered “suspicious. The FBI does no t need a warrant to put GAPS tracking device on citizen’s vehicles if they think that some thing they’re doing is suspicious. These are examples that critics to the Patriot Act s e as a clear violation to the Fourth Amendment’s freedom from unreasonable searches. T hey see the governments ability, under the Patriot Act, to jail American’s indefinitely with UT a trial is a violation of the Fifth Amendments right to a speedy trial. Furthermore, the government may monitor religious and political institutions without suspecting g criminal activity, as long as it is to assist terror investigation.
For those who criticize the Patriot Act, this as a violation to the First Amendment’s freedom of Association. In ad edition, the government may deny lawyers to Americans accused of crimes, and they see this as a violation to the Sixth Amendment’s rights to legal representation. They believe e the First Amendment’s freedom of speech is violated when the government is able to prosecute librarians or keepers of any other records if they tell anyone the government u appended information related to terror.
They believe that Americans should never give u p their liberties on the pretense that they are going to have more security. These critic CSS also believe that we are now living in a police state, in which the government exert sees rigid and repressive controls over the social, economic, and political life of the Poe plea, and that the patriot act is an indication of this; they argue that the government is abuse Eng their power. Moreover, they argue that the government is using fear as an excuse f or taking Americans civil liberties away.