Explain the concept of federalism in the context of the American criminal justice system.

Question

What will be an ideal response?

Answer 1

Answers will vary. To understand the structure of the criminal justice system, one must understand the concept of federalism, a form of government in which powers are shared by the national (federal) government and the states. The framers of the U.S. Constitution, fearful of tyranny and a too-powerful central government, chose the system of federalism as a compromise.The appeal of federalism is that it establishes a strong national government capable of handling large-scale problems while allowing for state powers and local traditions. The Constitution gave the national government certain express powers, such as the power to coin money, raise an army, and regulate interstate commerce. All other powers were left to the states, including police power, which allows the states to enact whatever laws are necessary to protect the health, morals, safety, and welfare of their citizens. As the American criminal justice system has evolved, the ideals of federalism have ebbed somewhat. Specifically, the powers of the national government have expanded significantly. In the early 1900s, only about one hundred specific activities were illegal under federal criminal law. Today, there are nearly five thousand federal criminal statutes, meaning that Americans are increasingly likely to come in contact with the federal criminal justice system.