Cameron Miranda
In the United States, criminal laws are made by Congress, which has explicit authority to enact criminal laws relating to counterfeiting, piracy, crimes on the high seas, offenses against the law of nations, and treason. Congress also has the power to regulate interstate commerce, which includes drug crimes due to drugs being traded across state lines. Each state also has its own criminal code, with the power to pass criminal laws and decide what conduct to designate as a crime. The process of making a law begins with a bill, which can be proposed by a sitting member of Congress or petitioned by citizen groups. Once introduced, the bill goes through a committee, is voted on by both bodies of Congress, and if passed, is presented to the president for approval.
| Characteristics | Values |
|---|---|
| Country | United States |
| Level of government | Federal |
| Who can make criminal laws | Congress |
| Who can propose a bill | A sitting member of the U.S. Senate or House of Representatives, citizen groups or individuals |
| Who can veto a bill | The president |
| Who can override a veto | Congress |
| Who can draft legislation related to presidential nominations and treaties | The Senate |
| Who can initiate tax and revenue-related legislation | The House |
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What You'll Learn
Bills proposed by US Senate/House members or citizen groups
In the United States, the power to enact criminal laws belongs almost exclusively to the states. State laws regulate issues of a local character or concern, such as water ownership and use, and issues that remain within a state's borders, such as the operation of small businesses selling products locally. Federal laws, on the other hand, are the same in every state and criminalize 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 make up about 90% of all criminal laws and are designed to protect the health, safety, and welfare of state citizens.
The process of creating a bill, or a proposal for a new law or a change to an existing law, can be initiated by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress representing them. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body. Once both bodies approve a bill, they must reconcile any differences between the two versions before voting on the same version of the bill. If it passes this stage, it is presented to the president.
The president can choose to veto a bill, in which case Congress can usually vote to override the veto and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, it will be vetoed by default, known as a "pocket veto," which cannot be overridden by Congress.
There are different types of bills and resolutions used in the legislative process. Regular bills are prefixed with "H.R." when introduced in the House and "S." when introduced in the Senate, followed by a number based on the order they are introduced. Public bills pertain to matters affecting the general public or classes of citizens, while private bills affect specific individuals and organizations. Private bills can address matters such as immigration, granting citizenship or permanent residency, claims against the government, veterans' benefits, and taxation.
Concurrent resolutions, designated "H.Con.Res." or "S.Con.Res.," must be passed in the same form by both houses but do not require the president's signature or carry the force of law. They are used to make or amend rules applying to both houses and express the sentiments of both chambers. Simple resolutions, designated "H.Res." or "S.Res.," address matters within the prerogative of one house and do not require approval from the other house or the president. Joint resolutions, designated "H.J. Res." or "S.J. Res.," require approval from both chambers and the president's signature to become law, except when proposing amendments to the Constitution, which do not require the president's signature.
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Congress's authority to enact criminal laws
The United States Constitution vests Congress with the explicit authority to enact criminal laws. This authority is derived from Article I, § 8 of the Constitution, which outlines the federal Congress's exclusive or delegated powers. These powers include the ability to regulate currency and coin, establish a post office, promote science and art, declare war, raise armies, conduct foreign affairs, and regulate interstate and foreign commerce.
The Constitution grants Congress explicit authority to enact criminal laws relating to counterfeiting, piracy, crimes on the high seas, offenses against the law of nations, and treason. Federal criminal laws criminalize 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.
The Necessary and Proper Clause of the Constitution further allows Congress to enact criminal laws when reasonably related to the regulation of commerce or to one of the other constitutionally enumerated powers. This clause has been interpreted by courts as one of the broadest sources of federal regulatory authority.
Congress has codified federal criminal law and criminal procedure in Title 18 of the U.S. Code, with sections covering a range of crimes, including arson, use of chemical weapons, counterfeiting, forgery, embezzlement, espionage, genocide, and kidnapping. These statutes typically prescribe a maximum sentence for convicted individuals.
While Congress has the authority to enact criminal laws in specific areas, it is important to note that the federal government was intended to have limited powers, with the bulk of regulatory authority residing in the states. The federal government's authority is restricted to the areas designated in Article I § 8 of the Constitution, while the states have the power to regulate for the health, safety, and welfare of their citizens, as outlined in the Tenth Amendment.
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State police power to pass criminal laws
In the United States, the police power is the capacity of the states and the federal government to regulate behaviour and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants. This power is primarily concentrated within state governments, with the federal government possessing it in limited contexts.
The Tenth Amendment to the United States Constitution reserves powers not delegated to the federal government to the states or the people. This has been interpreted to protect states' rights to regulate public welfare and morality through their police powers. For example, in Hammer v. Dagenhart, the Supreme Court invalidated a federal law prohibiting the transportation in interstate commerce of goods produced through child labour, citing that the law invaded the states' reserved powers.
State police power is exercised by the legislative and executive branches of the various states through the enactment and enforcement of laws and regulations. States have the authority to compel obedience to these laws through various measures, including legal sanctions and physical means, as long as they do not infringe upon any rights protected by the United States Constitution or their own state constitutions.
While states have broad discretion in exercising their police power, controversies can arise when state authorities' actions conflict with individual rights and freedoms. Court cases have placed some restrictions on state power by limiting their ability to infringe upon implied constitutional rights and demanding a stricter standard of reasonability. However, beyond these outer limits, regulation of state police power remains fairly minimal.
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The President's veto power
In the United States, the President has the power to veto a bill passed by Congress to prevent it from becoming law. This is known as the veto power. The President must exercise this power within ten days (excluding Sundays) of the bill being presented to them while Congress is still in session. If the President does not approve of the bill, they must return it unsigned to the House of the United States Congress, along with their objections in writing, for reconsideration.
If two-thirds of both the House and the Senate then vote to pass the bill, it becomes law without the President's signature. This is known as overriding the veto. Historically, Congress has overridden only about 7% of presidential vetoes.
The veto power serves as a safeguard, ensuring that the President has a suitable opportunity to consider the bills presented to them. It also allows Congress to reconsider and address the President's objections. However, once a bill becomes law, the President cannot use their veto power to repeal it.
In addition to the President, other officials such as state and territorial governors, some mayors, and county executives also possess veto power. Some tribal governments also have veto power, although it is not universal.
The Legislative Line Item Veto Act of 2006 introduced a procedure where the President could recommend the rescission of a budgetary line item from a previously signed budget bill. While this is not a legislative veto, it allows Congress to vote on the President's request within ten days.
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Federal criminal law and procedure
Federal criminal law in the United States is codified in Title 18 of the U.S. Code. This body of law defines criminal offences, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. Federal criminal law covers a range of conduct, including arson, use of chemical weapons, counterfeiting and forgery, embezzlement, espionage, genocide, and kidnapping. These statutes typically prescribe a maximum sentence for convicted individuals.
Congress has the power to create federal criminal law and criminal procedure, which is then enforced by the federal court system. The Federal Rules of Criminal Procedure (FRCP) are a set of rules that govern the procedures followed in criminal cases within the federal court system. These rules were established to ensure the fair and efficient administration of justice in federal criminal proceedings. The FRCP covers various stages of a criminal case, from the initial investigation to trial, sentencing, and appeals.
The FRCP emphasises the importance of due process, equal treatment, and the protection of constitutional rights. It ensures that defendants are informed of the charges against them, have access to relevant evidence, and are provided with an opportunity to present their case. The Fourth, Fifth, Sixth, and Eighth Amendments play a significant role in shaping the rules governing criminal procedure. These amendments protect individuals from unreasonable searches and seizures, ensure the right against self-incrimination, guarantee the right to counsel, and prohibit cruel and unusual punishment.
In a criminal prosecution, the government decides whether to punish an individual for an act or omission that violates the law. Each state has its own criminal code, and state laws vary significantly from federal laws. While some statutes resemble the common law criminal code, others closely mimic the Model Penal Code (MPC).
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Frequently asked questions
Criminal laws in the US are made by Congress, which has explicit authority to enact criminal laws relating to counterfeiting, piracy, crimes on the high seas, offenses against the law of nations, and treason.
Congress follows the process of creating a bill, which can be proposed by a sitting member of the U.S. Senate or House of Representatives, or by citizen groups who petition their representative. The bill is then researched, discussed, and voted on by both bodies of Congress. If the bill passes both bodies, they work out any differences between the two versions and vote on the final version. If it passes, the bill is presented to the president. If the president chooses to veto the bill, Congress can vote to override the veto, and the bill becomes a law.
Some examples of federal criminal laws in the US include laws related to arson, the use of chemical weapons, counterfeiting and forgery, embezzlement, espionage, genocide, and kidnapping.
Yes, US states have the police power, which is the general power to pass criminal laws. Each state has its own criminal code, and criminal laws can vary significantly between states.
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