Preview

The Death Penalty: Federal or State Issue?

Better Essays
Open Document
Open Document
1148 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Death Penalty: Federal or State Issue?
The national and state governments work together to keep America’s federal government running smoothly, but the two often are in conflict over who has the final authority to decide policy in various areas. One example is which government should have the final say in whether or not a crime is severe enough to use capital punishment, also called the death penalty, which is the execution of a convicted criminal by the state as punishment for crimes known as capital crimes or capital offences (Cochran n.p.). The decision to use capital punishment should be left up to the state governments unless a federal offense is committed. The first type of government in America was based primarily on state government. Following the Revolutionary War, the thirteen colonies, although they had formed a league of friendship under the Articles of Confederation, basically governed themselves. They feared a strong central government like the one they lived with under England 's rule. However, it was soon discovered that this weak form of state government could not survive and so the Constitution was drafted. This time, it was decided that a government system based on federalism would be established. In other words, power is shared between the national and state governments (“National versus State Government.” n.p.). Sharing power between the national government and state governments allows American citizens to enjoy the benefits of diversity and unity. On the other hand, issues such as the death penalty have been left up to the individual states. The decision whether or not to have a death penalty depends on that state 's history, needs, and philosophies (“National versus State Government” n.p.). In addition to the death penalty laws in many states, the federal government has also employed capital punishment for certain federal offenses, such as terrorism, murder of a government official, kidnapping resulting in death, running a large-scale drug enterprise, and treason (“The


Cited: “National versus State Government.” 30 January 2007 Ben’s Guide to U.S. Government for Kids. . “The Federal Death Penalty.” 2007. Death Penalty Information Center. . “Expansion of the Federal Death Penalty.” 2007. Capital Punishment in Context: A Resource for College Courses. . Cochran, Sarah. “Death Penalty: An Overview.” 18 Jun 2007. Wex. . “Crimes Punishable by the Death Penalty.” December 2006. Death Penalty Information Center. < http://www.deathpenaltyinfo.org/article.php?did=144&scid=10>.

You May Also Find These Documents Helpful

  • Good Essays

    Wilson, J. Q., DiIulio, J. J., & Bose M. (2014). American government: Brief version. (11th ed.). Boston, MA: Cengage.…

    • 828 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Capital Punishment is regarded as one of the United States' hottest topics. Those for and against it constantly debate over the various issues that capital punishment brings forth. This essay explains just a few of these topics and my view on the death penalty.…

    • 1062 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    Furman V. Georgia

    • 1561 Words
    • 7 Pages

    The main argument in this article is that the Supreme Court has failed in their duties to regulate the death penalty. This purported failure is attributed to the Supreme Court not following their own terms and their high-profile involvement in overseeing state and federal death penalty practices (Steiker & Steiker, 1998). The authors argue that the Court’s high profile involvement is in fact creating a “False but powerful impression that the death penalty practices have, in fact, been meaningfully transformed” (Steiker & Steiker, 1998, para. 4).…

    • 1561 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Apart from a short time in the mid-to-late 20th century when a freeze on capital punishment was ordered by the U.S. Supreme Court, this system of punishment has been in constant use in the United States for most of its history. Proponents and opponents have always been at odds over whether the practice should be continued or abolished completely. Lining up on one side are those who believe that the practice deters crime and is cheaper than warehousing a criminal for life in a maximum-security prison and lining up on the other side are those that believe the practice is inhumane and fraught with inconsistencies which make it antiquated and a barbaric form of punishment. Even though the United States…

    • 1187 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Federalism almost is a way of nations organizing so that two or more government levels will have formal authority over the people and same area. In the Unitary system all the power resides in the central government in which most of the governments are today and confederate, most of the power is in the hands of it components and the national government is weak (Wood Gordon, 1995). Over the two centuries the federal system has changed and it’s why the American federalism system is at the center of important battles over the policy (John E. Finn, 2007). Mostly Federalism decentralizes our policies and politics. The powers of overlapping between the two levels government demonstrate the tension with national and states government over who should control the policy and power. Most of the American states are also policy innovators being responsible for new ideas, many reforms, and new policies that are why we stand by till today (John E. Finn,…

    • 1183 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Topic: Capital Punishment General Purpose: To argue Specific Purpose: To argue that the United States should outlaw capital punishment in all fifty states. Thesis Statement: Capital Punishment should be outlawed in all fifty states because: (1) capital punishment once executed cannot be undone, and (2) the cost process of capital punishment isn’t worth the expense. Introduction I. [Attention Getter] Imagine being sentenced to die. A.…

    • 1696 Words
    • 7 Pages
    Good Essays
  • Good Essays

    The eighth amendment is defined as “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted (Lectlaw, 2010). This amendment was adopted as part of the Bill of Rights in 1791. The eighth amendment serves the purpose of protection of those who are innocent until proven guilty and to ensure that all persons are treated fairly in the criminal justice system.…

    • 770 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    The United States was founded on economic and political freedom. This freedom enables all our citizens to successfully pursue unlimited opportunities to use their god given talents to work, produce, invest, take risk, and grow wealthy while keeping the prosperous fruits of their enterprise. Here we have state governments that are “laboratories of government” and a notional government that has more autonomy than the state government. The state governments have some type of autonomy but the national government is stronger even if they are not close to those individuals the serve.…

    • 279 Words
    • 2 Pages
    Satisfactory Essays
  • Best Essays

    8th Amendment Essay

    • 2118 Words
    • 9 Pages

    The purpose of this paper will be to examine the extent in which capital punishment is allowed in the United States. Since early colonial America, the death penalty has been a major issue of debate among the public. Highly contested topics, beginning with the questionable morality of such a punishment and growing into more sophisticated arguments relating to the Eighth Amendment and race, have led to numerous United States Supreme Court cases looking to determine the extent in which capital punishment could be used in the United States.…

    • 2118 Words
    • 9 Pages
    Best Essays
  • Better Essays

    Bureaucracy and You

    • 1351 Words
    • 6 Pages

    References: Edward, G. et al. (2008). Government in America: People, Politics, and Policies. 9th Edition. Pearson Education, Inc.…

    • 1351 Words
    • 6 Pages
    Better Essays
  • Good Essays

    In this paper, the authors examine how the death penalty argument has changed in the last 25 years in the United States. They examine six specific issues: deterrence, incapacitation, caprice and bias, cost innocence and retribution; and how public opinion has change regarding these issues. They argue that social science research is changing the way Americans view the death penalty and suggest that Americans are moving toward an eventual abolition of the death penalty.…

    • 883 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The death penalty in the U.S. has been and continues to be a controversial debate between citizens. Debate regarding the policies, laws and if the death penalty is the best way to punish offenders who commit violent crimes. The history of the death penalty in the United States dates back to the late 1970s. Between 1968 and 1977 there were no executions in the United States. In the Supreme Court case of Furman v. Georgia, the court ruled that capital punishment, as it currently employed on the state and federal level is unconstitutional (Jones, 2006). The Eighth Amendment states that any form of capital punishment qualifies as “cruel and unusual punishment.” The use of executions during this time was primarily based on race and was considered by the Supreme Court as “arbitrary and capricious.”…

    • 772 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    For example, recently there has been a massive change in public education which has previously been an issue controlled by each state. Previously states would decide how to fund the schools, the goals of each grade, and the learning standards that every school would try to meet by taking standardized tests to evaluate faculty performance. Deciding that education should be more universal throughout America, Common Core State Standards begun to be implemented around 2010 and this was one national standard that all states are expected to meet. The use of Federal power in public education was a controversial decision for many in politics. The fear of moves to increase the scope of “power” in the federal government felt by Republicans today is reflected on a quote regarding Common Core education by Louisiana governor Bobby Jindal, he states, “We won’t let the federal government take over Louisiana’s education standards” (Layton). Jindal’s quote is very reflective of how many Republicans today view having too strong of a central government, the United States is such a diverse and massive country that many believe the best interests of each state should be left up to themselves. This argument is countered by the view that having 50 different systems could lead to inequality and a lack of universal structure for the government. This type of disagreement on use of Federal power in every day policy is not a modern dilemma and has been tirelessly argued since the Constitution was written. Although this argument started much before the formation of official parties, the Federalists and Anti-Federalists were among the first to pick sides on the power of states vs. the power of a centralized government. Anti-Federalists…

    • 1624 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    This article provides applicable information from many sources such as a Governors, Political Science Professors, the Executive Director of the Death Penalty Information Center as well as the President of the United States, providing legitimacy to the…

    • 2185 Words
    • 9 Pages
    Powerful Essays
  • Better Essays

    References: LeBoeuf, D., Rauch, R., Stubbs, C., Brian, S., Arceneaux, A., Rojas, O., et al. (n.d.). Key Issues. Retrieved September 12, 2013, from American Civil Liberties Union: https://www.aclu.org/capital-punishment…

    • 1238 Words
    • 5 Pages
    Better Essays