Cecily Zamora
The United States' system of government is called federalism, which divides governmental power between the federal government and each of the states. The federal government is restricted to regulating in the areas designated in Article I § 8 of the federal Constitution. The states can regulate for the health, safety, and welfare of citizens pursuant to their police power, which is set forth in the Tenth Amendment of the federal Constitution. The Constitution also establishes federalism, requiring the separation of powers between the three branches of government: the judicial, legislative, and executive branches. The power to enact criminal laws belongs almost exclusively to the states, with approximately 90% of all criminal laws being state laws rather than federal.
| Characteristics | Values |
|---|---|
| Number of legal systems in the United States | 1 federal system and 50 state systems |
| Basis of state power to establish criminal laws | Tenth Amendment |
| Basis of federal power to establish criminal laws | Article I, Section 8 of the Constitution |
| Federal criminal laws target conduct that | occurs on federal property or involves federal employees, currency, coin, treason, national security, rights secured by the Constitution, or commerce that crosses state lines |
| State criminal laws target conduct that | is of local character or concern |
| Number of crimes listed under federal criminal law | Over 500 |
| Number of criminal laws that are state laws | Approximately 90% |
| Number of crimes recognised by the Constitution | 3 (counterfeiting, piracy, and treason) |
| Number of Amendments to the Constitution | 10 |
| Number of Amendments that have provisions governing criminal procedure | 4 (Fourth, Fifth, Sixth, and Eighth) |
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What You'll Learn
Federalism and the US Constitution
Federalism in the US Constitution refers to the division of power between the federal government and individual state governments. It is a core concept embodied in the Constitution, which replaced the Articles of Confederation in 1787. The Articles of Confederation were essentially a treaty among sovereign states, and they gave most of the power to the states, creating a weak federal government. The Constitution, on the other hand, establishes a strong national government while preserving state autonomy.
The Framers of the Constitution sought to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments to exercise their general police power. Federalism, therefore, assigns political responsibility and creates two distinct lines of political accountability: one between the citizens and the federal government, and the other between the citizens and the states. The Constitution is supreme over both national and state governments, and it sets out all the federal government's powers. Any powers not given to the federal government are reserved for the states. This structure ensures that the federal government does not have unlimited authority over the states, and states can "check" the national government if it violates its enumerated powers.
The Supreme Court has frequently invoked certain constitutional provisions to determine that Congress has exceeded its powers and infringed upon state sovereignty. For example, in Ticor Title Ins. Co. v. United States (1992), the Court affirmed that federalism serves to assign political responsibility. Similarly, in Lopez v. United States (1995), Justice Kennedy's concurring opinion emphasised the theory that two governments accord more liberty than one.
Federalism has evolved over time, with four distinct phases: post-Founding, post-Civil War, post-New Deal, and from the Rehnquist Court to the present. In the post-Civil War era, the Thirteenth Amendment eliminated the power of states to enforce slavery, and the Fourteenth Amendment placed new federal constraints on state governments, empowering Congress to enforce those constraints. This marked a shift in federalism, with the federal government gaining more power to protect citizens' rights.
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State vs Federal criminal laws
The United States' system of government is called federalism, which divides governmental power between the federal government and each of the states. This division of power means that the United States has one federal legal system, and each state has its own state legal system.
The power to enact criminal laws belongs almost exclusively to the states, with the Tenth Amendment vesting in states a police power to provide for the health, safety, and welfare of state citizens. State lawmakers can pass any law, as long as it is reviewed by courts for constitutionality. Federal lawmakers, on the other hand, can only pass laws where there is a federal or national interest at stake. For example, counterfeiting US currency is a federal offense because it is the federal government's duty to print money.
Federal criminal laws are typically tied to federal or national issues, such as interstate trafficking in contraband, federal tax fraud, mail fraud, or crimes committed on federal property. They also cover conduct that occurs on federal property or conduct involving federal employees, currency, treason, national security, rights secured by the Constitution, or commerce that crosses state lines.
State criminal charges cover the vast majority of crimes people are charged with. These include common crimes such as murder, robbery, burglary, arson, theft, and rape. State crimes are investigated by local law enforcement, such as county sheriffs, state agents, or local police officers, and prosecuted by state district attorneys or city attorneys.
Federal crimes, on the other hand, are prosecuted by Assistant US Attorneys and investigated by federal law enforcement officers, such as the FBI, DEA, or ICE agents. A person charged with a federal crime will be tried in a federal court, and if convicted, will be sentenced by a federal judge.
It is important to note that federal crimes always take precedence over state crimes, and federal courts may take a case where state law goes against constitutional law. While it is rare, there is no constitutional bar to prosecution in both state and federal court for the same criminal act if it violates both state and federal law.
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The Tenth Amendment
> The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
This amendment is a crucial component of the US Constitution, which serves as the nation's fundamental law, codifying the core values of the American people. The Tenth Amendment underscores the principle of federalism by clearly delineating the powers of the federal government and those of the states. It ensures that any powers not specifically granted to the federal government by the Constitution are retained by the states or the people. This amendment upholds the rights of states to govern themselves in areas not explicitly delegated to the federal government, thus preserving a balance of power between the federal government and the states.
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Congress's authority
The United States' system of government is called federalism, which divides governmental power between the federal government and each of the states. This division of power means that the US has one federal legal system, and each state has its own legal system.
The Constitution vests Congress with the explicit authority to enact criminal laws relating to counterfeiting, piracy, crimes on the high seas, offenses against the law of nations, and treason. The Constitution also grants Congress broad powers, such as the power to regulate interstate commerce. The Necessary and Proper Clause allows Congress to enact criminal laws when reasonably related to the regulation of commerce or other constitutionally enumerated powers.
Congress enjoys constitutional authority to prevent the use of the channels of commerce for illicit sex tourism. For example, the Violence Against Women Reauthorization Act of 2013 amended Section 2423(c) to permit the prosecution of American expatriates who engage in unlawful sexual conduct overseas.
Congress can also investigate conduct that may be criminal, but it cannot bring criminal charges or initiate a prosecution. If a congressional investigation uncovers evidence of criminal activity, it can refer the matter to the Department of Justice for further investigation and potential prosecution.
While the power to enact criminal laws belongs almost exclusively to the states, case precedent has expanded the federal government's power to enact criminal laws based on the commerce clause and the necessary and proper clause. Federal criminal laws often target conduct that occurs on federal property or involves federal employees, currency, treason, national security, or commerce that crosses state lines.
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Criminal law procedure
The United States’ system of government is called federalism, which divides governmental power between the federal government and each of the states. This means that the US has one federal legal system, and each state has its own state legal system.
The power to enact criminal laws belongs almost exclusively to the states, with the Tenth Amendment vesting in states a police power to provide for the health, safety, and welfare of state citizens. The federal government's power to enact criminal laws is limited to areas designated in Article I § 8 of the federal Constitution, such as regulating currency and coin, establishing a post office, promoting science and art, declaring war, and raising armies.
State criminal laws regulate issues of a local character or concern, such as water ownership and use. States possess the most general power to pass criminal laws, while the federal government can only exercise the powers granted to it by the Constitution. For example, drug crimes, which make up a large percentage of federal criminal cases, are subject to federal control as they are traded across state lines.
The Constitution also establishes federalism and requires the separation of powers between the three branches of government: the judicial, legislative, and executive branches. It limits Congress's authority to pass laws not directly related to its enumerated or implied powers. The Constitution also plays a significant role in the American criminal justice system by establishing limits on certain types of legislation and providing procedural constraints on the government when prosecuting individuals for crimes.
The Due Process Clauses of the Fifth and Fourteenth Amendments require that criminal justice procedures be fundamentally fair, and the Fourteenth Amendment's Equal Protection Clause mandates that there be a rational reason for treating people differently. The First Amendment limits Congress's ability to pass laws that restrict free speech, freedom of religion, assembly, and association. The Fourth, Fifth, Sixth, and Eighth Amendments contain provisions that govern criminal procedure during the investigative, pretrial, and trial phases.
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Frequently asked questions
Federalism is the relationship between the federal government and state governments. In the United States, federalism divides governmental power between the federal government and each of the states. This prevents a concentration of power in one individual or small group of individuals.
The US Constitution designates the states as the primary regulatory authority. This is clarified in the Tenth Amendment, which states that any powers not delegated to the US by the Constitution are reserved for the states.
The power to enact criminal laws is based on the police power, which is vested in the states. This power allows states to provide for the health, safety, and welfare of state citizens.
The Necessary and Proper Clause allows Congress to enact criminal laws when reasonably related to the regulation of commerce or to one of the other constitutionally enumerated powers.
Congress's authority to pass laws is limited to its enumerated powers (listed in the Constitution) and implied powers (inferred from the enumerated powers). Additionally, the First Amendment limits Congress's ability to pass laws that restrict free speech, freedom of religion, freedom of assembly, and association.
