State Policy Comparison
Federal versus State Policy Comparison
CJA464
Your Name
Date 2013
John McLaine
The United States of America is comprised of 50 states and 14 territories. Although many of the territories are un-inhabited nor are claimed by a specific state, the territories share a common need, they rely on the US for defense, social and economic support . There are also other lands that are considered to be US territories by virtue of having established a military base within a host country. The focus of this paper is to compare and contrast the differences and similarities of federal and state government and how it pertains to their role in the implementation of criminal justice policy. The issue in regard to policy development and implementation of …show more content…
laws will also be addressed.
Growing up in America, we as students were taught that the federal government was in charged with running the country. Issues that pertained to International affairs, defense and money where just a few examples of the many responsibilities that the federal government managed. However the role that each state played in relation to the federal government was not always explained let alone addressed. The role that each state has is similar to that of the federal government, however the laws are created from within the state and may not always coincide with that of federal laws. In short, each state is governed by two sets of laws that all citizens must abide by.
The United States Constitution is the cornerstone by which the United States governs itself. The Constitution framework provides the federal government superior authority over the states as previously mentioned in regard to matters of defense, foreign affairs and currency.
According to "Federal Criminal Lawyer" (2013), "The Fourteenth Amendment to the U.S.
Constitution makes the Bill of Rights applicable to each of the states. Federal law governs such things as legislation passed by the U.S. Congress, executive orders of the President, and decisions of federal courts that interpret the U.S. Constitution. The U.S. Supreme Court is the final arbiter of federal law. Federal laws are codified in the U.S. Code. State law, on the other hand, is the law that governs in each separate state. State laws are passed by state legislatures and signed by a state’s governor. State law exists in conjunction with–and sometimes in conflict with–federal law. When conflicts occur, it is the federal courts that resolve the issues" …show more content…
(what-is-the-difference-between-federal-law-and-state-law).
When looking at all the bureaucracy that is involved in creating new laws or adopting policy, its understood how the relationship between the state and federal government can result in conflict. Each state tends to adopt legislation that address issues that are confined within their own state. On the other hand the federal government tends to impose or mandate policy that exalts authority and jurisdiction over the entire country. The latter has been perceived by constitution experts as in infringement to a states sovereignty and or a violation of the states Tenth Amendment right ("Freedictionary.com", 2013). For example two issues that has divided a state and the federal government ability to enforce the law is that of illegal immigration, and medical marijuana.
In 2010 the state of Arizona introduced a state bill that focused on the federal government 's failure to address illegal immigration within the state.
SB1070 was immediately attacked by the Administration thus resulting in a federal law suit. Quinn (2013), "The lawsuit was part of the larger liberal progressive agenda to prevent deportations and secure a blanket amnesty policy toward all resident illegal 's" (The Saga of SB1070 and the Federal Lawsuit Against It ). Although the law is in effect, many of the requirements contained within the law have been blocked and the opinions by the Justices of Supreme Court of the United States where split in determining whether or not the state law enforcement practices overstepped federal jurisdiction on immigration
policy. The other issue concerns the legalization of Marijuana. The "Procon.org" (2013) website identified 18 states along with the District of Colombia as having passed legislation to legalize marijuana for personal medicinal use. According to "Whitehouse.gov" (2013), "Marijuana is classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). As a Schedule I drug, marijuana is classified under the following criteria: the drug has a high potential for abuse, the drug has no currently accepted medical use in treatment in the United States. there is a lack of accepted safety for use of the drug under medical supervision" (Marijuana Resource Center: Federal Laws Pertaining to Marijuana). The key concern in regard to medical marijuana is that although one third of the country supports the passage of new legislation for medicinal use. The federal government has not shown any signs of adopting a similar measure. In June 2011, the Drug Enforcement Agency along with the Department of Health and Human Services struck down a petition to reschedule marijuana. Although a state passes legislation that grants the use of marijuana for medicinal purposes, it is still considered a federal crime to traffic, distribute, cultivate and or sell. Therefore the primary focus of the federal governments is to prosecute illegal traffickers and not medicinal users as it is not an efficient use of federal resources. Since 2011 and passage of medicinal use by several states, federal and local raids on medicinal dispensaries have increased as what many perceive to be the result of the Obama Drug War. States such as California, Montana, and Arizona have experienced the effects of having local medicinal dispensaries. Images of guns, drugs and criminals in handcuffs have raised concern amongst communities. In Tucson Arizona, the Counter Narcotics Alliance, a multi-jurisdictional drug task force where investigating a local business named "Shop 420" who were involved in illegally growing and selling marijuana. The raids conducted on five shops in September 2012 resulted in seizure of 15 pounds of high grade marijuana, 25 pounds of marijuana candy and 10 arrest. This is an example of just how state laws can work in conjunction with federal laws. The focus of this raid was aimed at illegal cultivation and sales not medicinal users. According to "Kvoa.com" (2013), "Detectives also seized multiple fraudulent medical marijuana I.D. cards, as well as the equipment to make them, the release stated.
A total of 10 people were arrested during the operation. Each was charged with one count of Conspiracy to Unlawfully Possess Marijuana for Sale, one count of Unlawful Possession of Marijuana for Sale, one count of Money Laundering and one count of Unlawful Possession of Narcotic Paraphernalia, the news release stated. One arrestee was carrying a handgun, and was charged with one count of Prohibited Possessor" (Police detail medical pot bust: 5 shops raided, 10 arrested).
In conclusion, the similarities between state law and federal law are that are designed to instill, maintain order and to provide a level of safety for all its citizens. T United States Constitution is the governing document that was created by our forefathers to dictate powers and limitations of the government and state all while protecting the rights of individuals. Federal law, in itself dictated, it grants the authority to the federal government in legislating laws that are applicable to the country as a whole. On the other hand, 10th amendment gives the state its power or right to self govern and address issues from within. The issue that continues to plague federal and state laws are that they may in fact conflict. The potential for federal interference or involvement in a states matter will always be a concern. Application and or enforcement of laws should not be created to intimidate, let alone strip a state of its powers to self govern. As new federal and state policies or laws are implemented, great consideration and concern should be taken toward those it will affect. Every citizen in the country is protected by the US Constitution and Bill of Rights, therefore they should never be dismissed.
References
Federal Criminal Lawyer. (2013). Retrieved from http://www.federalcrimefaq.com/what-is-the-difference-between-federal-law-and-state-law/
FreeDictionary.Com. (2013). Retrieved from http://legal-dictionary.thefreedictionary.com/Tenth+Amendment kvoa.com. (2013). Retrieved from http://www.kvoa.com/news/police-detail-medical-pot-bust-5-shops-raided-10-arrested/#_
ProCon.org. (2013). Retrieved from http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
Quinn, J. (2013). About.com. Retrieved from http://usconservatives.about.com/od/conservativepolitics101/ig/Top-Stories-of-2010/SB1070--Arizona---Immigration.htm
WHITEHOUSE.GOV. (2013). Retrieved from http://www.whitehouse.gov/ondcp/federal-laws-pertaining-to-marijuana
CJA464
Your Name
Date 2013
John McLaine
The United States of America is comprised of 50 states and 14 territories. Although many of the territories are un-inhabited nor are claimed by a specific state, the territories share a common need, they rely on the US for defense, social and economic support . There are also other lands that are considered to be US territories by virtue of having established a military base within a host country. The focus of this paper is to compare and contrast the differences and similarities of federal and state government and how it pertains to their role in the implementation of criminal justice policy. The issue in regard to policy development and implementation of …show more content…
laws will also be addressed.
Growing up in America, we as students were taught that the federal government was in charged with running the country. Issues that pertained to International affairs, defense and money where just a few examples of the many responsibilities that the federal government managed. However the role that each state played in relation to the federal government was not always explained let alone addressed. The role that each state has is similar to that of the federal government, however the laws are created from within the state and may not always coincide with that of federal laws. In short, each state is governed by two sets of laws that all citizens must abide by.
The United States Constitution is the cornerstone by which the United States governs itself. The Constitution framework provides the federal government superior authority over the states as previously mentioned in regard to matters of defense, foreign affairs and currency.
According to "Federal Criminal Lawyer" (2013), "The Fourteenth Amendment to the U.S.
Constitution makes the Bill of Rights applicable to each of the states. Federal law governs such things as legislation passed by the U.S. Congress, executive orders of the President, and decisions of federal courts that interpret the U.S. Constitution. The U.S. Supreme Court is the final arbiter of federal law. Federal laws are codified in the U.S. Code. State law, on the other hand, is the law that governs in each separate state. State laws are passed by state legislatures and signed by a state’s governor. State law exists in conjunction with–and sometimes in conflict with–federal law. When conflicts occur, it is the federal courts that resolve the issues" …show more content…
(what-is-the-difference-between-federal-law-and-state-law).
When looking at all the bureaucracy that is involved in creating new laws or adopting policy, its understood how the relationship between the state and federal government can result in conflict. Each state tends to adopt legislation that address issues that are confined within their own state. On the other hand the federal government tends to impose or mandate policy that exalts authority and jurisdiction over the entire country. The latter has been perceived by constitution experts as in infringement to a states sovereignty and or a violation of the states Tenth Amendment right ("Freedictionary.com", 2013). For example two issues that has divided a state and the federal government ability to enforce the law is that of illegal immigration, and medical marijuana.
In 2010 the state of Arizona introduced a state bill that focused on the federal government 's failure to address illegal immigration within the state.
SB1070 was immediately attacked by the Administration thus resulting in a federal law suit. Quinn (2013), "The lawsuit was part of the larger liberal progressive agenda to prevent deportations and secure a blanket amnesty policy toward all resident illegal 's" (The Saga of SB1070 and the Federal Lawsuit Against It ). Although the law is in effect, many of the requirements contained within the law have been blocked and the opinions by the Justices of Supreme Court of the United States where split in determining whether or not the state law enforcement practices overstepped federal jurisdiction on immigration
policy. The other issue concerns the legalization of Marijuana. The "Procon.org" (2013) website identified 18 states along with the District of Colombia as having passed legislation to legalize marijuana for personal medicinal use. According to "Whitehouse.gov" (2013), "Marijuana is classified as a Schedule I controlled substance under the Controlled Substances Act (CSA). As a Schedule I drug, marijuana is classified under the following criteria: the drug has a high potential for abuse, the drug has no currently accepted medical use in treatment in the United States. there is a lack of accepted safety for use of the drug under medical supervision" (Marijuana Resource Center: Federal Laws Pertaining to Marijuana). The key concern in regard to medical marijuana is that although one third of the country supports the passage of new legislation for medicinal use. The federal government has not shown any signs of adopting a similar measure. In June 2011, the Drug Enforcement Agency along with the Department of Health and Human Services struck down a petition to reschedule marijuana. Although a state passes legislation that grants the use of marijuana for medicinal purposes, it is still considered a federal crime to traffic, distribute, cultivate and or sell. Therefore the primary focus of the federal governments is to prosecute illegal traffickers and not medicinal users as it is not an efficient use of federal resources. Since 2011 and passage of medicinal use by several states, federal and local raids on medicinal dispensaries have increased as what many perceive to be the result of the Obama Drug War. States such as California, Montana, and Arizona have experienced the effects of having local medicinal dispensaries. Images of guns, drugs and criminals in handcuffs have raised concern amongst communities. In Tucson Arizona, the Counter Narcotics Alliance, a multi-jurisdictional drug task force where investigating a local business named "Shop 420" who were involved in illegally growing and selling marijuana. The raids conducted on five shops in September 2012 resulted in seizure of 15 pounds of high grade marijuana, 25 pounds of marijuana candy and 10 arrest. This is an example of just how state laws can work in conjunction with federal laws. The focus of this raid was aimed at illegal cultivation and sales not medicinal users. According to "Kvoa.com" (2013), "Detectives also seized multiple fraudulent medical marijuana I.D. cards, as well as the equipment to make them, the release stated.
A total of 10 people were arrested during the operation. Each was charged with one count of Conspiracy to Unlawfully Possess Marijuana for Sale, one count of Unlawful Possession of Marijuana for Sale, one count of Money Laundering and one count of Unlawful Possession of Narcotic Paraphernalia, the news release stated. One arrestee was carrying a handgun, and was charged with one count of Prohibited Possessor" (Police detail medical pot bust: 5 shops raided, 10 arrested).
In conclusion, the similarities between state law and federal law are that are designed to instill, maintain order and to provide a level of safety for all its citizens. T United States Constitution is the governing document that was created by our forefathers to dictate powers and limitations of the government and state all while protecting the rights of individuals. Federal law, in itself dictated, it grants the authority to the federal government in legislating laws that are applicable to the country as a whole. On the other hand, 10th amendment gives the state its power or right to self govern and address issues from within. The issue that continues to plague federal and state laws are that they may in fact conflict. The potential for federal interference or involvement in a states matter will always be a concern. Application and or enforcement of laws should not be created to intimidate, let alone strip a state of its powers to self govern. As new federal and state policies or laws are implemented, great consideration and concern should be taken toward those it will affect. Every citizen in the country is protected by the US Constitution and Bill of Rights, therefore they should never be dismissed.
References
Federal Criminal Lawyer. (2013). Retrieved from http://www.federalcrimefaq.com/what-is-the-difference-between-federal-law-and-state-law/
FreeDictionary.Com. (2013). Retrieved from http://legal-dictionary.thefreedictionary.com/Tenth+Amendment kvoa.com. (2013). Retrieved from http://www.kvoa.com/news/police-detail-medical-pot-bust-5-shops-raided-10-arrested/#_
ProCon.org. (2013). Retrieved from http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881
Quinn, J. (2013). About.com. Retrieved from http://usconservatives.about.com/od/conservativepolitics101/ig/Top-Stories-of-2010/SB1070--Arizona---Immigration.htm
WHITEHOUSE.GOV. (2013). Retrieved from http://www.whitehouse.gov/ondcp/federal-laws-pertaining-to-marijuana