Friday, February 28, 2020

Provide a comprehensive definition of Federalism and discuss its long Essay

Provide a comprehensive definition of Federalism and discuss its long evolution along with the manner in which it functions toda - Essay Example The states must abide by their own laws as long as the individual laws do not create conflict with foreign laws. Federalism has its advantages and disadvantages. Advantages of federalism include a states individual freedom. A state in America contains its own individual government. The individual government is able to act as its own but not to exceed laws on a national level. Disadvantages are that although a state may seem free, the state is limited to issues that are on a national level such as immigration and federal taxes. Federalism and American History The evolution of the federalist government went through many changes since the 18th century. Under the American experience, the federalist government was shaped specifically in the 1780s. This was when factions of Federalists and Anti-federalists created many debates and arguments about the acceptance of the American Constitution. This was concerning the issue of the rights and the powers of individual states with relations to th e federal government (Drake & Nelson). The conflict between the two mentioned parties molded what came to be the future federal and state division. This is now known as the individual states that make up the United States. In order for these states to be different from one another, Federalism had to take place. Further changes within the established federal system extended towards the 19th century with the Supreme Court’s decision to amend the constitution. A desire to create a stronger national government was established and strengthened with several additional revisions to the flow of the government system.   In the 20th century, the growing power of the national government was due to the influences of World War I, World War II, the Great Depression, The Civil Rights movements and The Cold War.   An important point to the evolution of the American federal government happened during the Clinton administration in 1996 where a â€Å"Devolution Revolution† was implem ented in order to distribute the powers of economic regulations and social welfare from the national government down to the state governments.   Federalism is what created just cause for amendments of the constitution. Even after every state became ratified as part of the Constitution of the United States of America, there were still many issues that played a role toward Federalism in America. Federalism is a piece of American history that was fought for by Americans to create a nation that is free and separate from previous British government. The 10th Amendment American federalism is mainly fueled by the 10th Amendment of the American Constitution. The 10th Amendment states that, â€Å"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...† (Charters of Freedom: The Bill of Rights). The mentioned amendment is interpreted such that the powers not given to the nation al or the federal government will be obviously and naturally given to the state governments and the people as their principle. Therefore, constitutionally and in this way lawfully, the American federal government clearly upholds its principle of giving the administrative power to the people. Democracy is then intertwined with the type of government that the American people have. After all, it is because of the people that the government exists, not the other way around. Federalism Further Defined With

Wednesday, February 12, 2020

Summarize the arguements for and against plea bargaining Essay

Summarize the arguements for and against plea bargaining - Essay Example In this type of bargaining, the defendant pleads guilty to get fewer counts on the offense they are charged with. The bargaining processes are usually voluntary and it does not always result to an outcome that is desired by both parties. The plea bargaining practice is widely supported by the American judicial system due its importance in terms of saving costs incurred during trails alongside its many benefits on the court system. The plea bargaining practice benefits many stakeholders in the courtroom. First, it assists the prosecutor in disposing off a busy and complex caseload. Many prosecutors have limited resources within their access. It is therefore very hard to prosecute all the cases that come before them. Due to this fact, these prosecutors may decide to push forward the cases that have public elements through the rigorous court procedure while going for plea-bargaining on the ones that do not look very promising and do not have much public significance. The defense attorney also benefit from the plea-bargaining. Most of these defense attorneys are public attorneys who offer their services to defendants of criminal cases. They also face resources constraints such as the ones prosecutors face. This implies that plea-bargaining benefits this type of attorneys by facilitating quick disposal of cases. The outcome of this process is more payment by the defense for less work done by the defense attorneys. The plea-bargaining process benefits the defendant more than it does to both the prosecutor and the defense attorney. This is because it results to the defendant getting a lesser charge as compared to the one that they could get. The plea-bargaining processes also benefits the court since it saves its resources. The reviewing of plea bargaining is simpler and easier as compared to the full trial of a case. There are several problems associated with plea bargaining process. First, the prosecutor will always start the bargaining process on