POL 206_ Unit 1 Writing Assignment
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Political Science
Date
Apr 3, 2024
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Liufau 1
Taeiao Liufau
POL 206
Unit 1: Writing Assignment
February 24, 2024
Option 2: Federal, State, Local Governments, and Authority for Law Enforcement Activities.
Montesquieu, an 18th-century philosopher, created the term 'Separation of Powers'.
Separation of powers is a concept in which the government is divided into several branches, each
with distinct and autonomous functions. This arrangement ensures that no one branch of
government is more powerful than another (School,
Separation of powers
2023). Typically, this
system divides the government into three branches: legislative, executive, and judicial. Our
government's essential functions and structures are divided into different levels of authority in a
federalist system like the United States. This division of authority between federal, state, and
local governments is rooted in legal, philosophical, and historical reasons.
Separation of powers in the United States is related to the Checks and Balances system.
The Checks and Balances system gives every department of government specific powers to
check the other branches and prevent any one branch from becoming overpowering (School,
Separation of powers
2023). For example, Congress can make laws, the President can veto them,
and the Supreme Court can deem legislation unconstitutional. From a legal standpoint, the
division of authority between federal, state, and local governments is outlined in the
Constitution, which grants certain powers to the federal government while reserving others for
the states. This division of powers, known as federalism, was established to prevent the
concentration of power in any one branch or level of government, thus safeguarding individual
liberties and promoting a system of checks and balances.
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There are three main reasons why so many countries are implementing federal systems,
which involve increased political and administrative decentralization. In certain countries,
federalism grants autonomy and control over the affairs of various ethnic and regional groups.
The theory is that if different ethnic and regional minorities have some autonomy or the ability to
direct their local affairs in terms of education, culture, and economic development, they will feel
more secure and willing to accept the authority and legitimacy of the more significant national
state (Diamond,
Why decentralize power in a democracy?
2024). Philosophically, federalism
reflects the belief in decentralization of power and the idea that the government closest to the
people is most responsive to their needs and concerns. This philosophy supports delegating
specific governance responsibilities to state and local governments, thus allowing for a more
tailored approach to addressing the unique needs of diverse communities within the country.
Historically, the division of authority between federal, state, and local governments is
rooted in the Tenth Amendment to the Constitution, which reserves powers not explicitly
delegated to the federal government to the states or the people. This historical context reflects the
Founding Fathers' desire to strike a balance between a strong national government and the rights
and autonomy of individual states (
Tenth Amendment
2023). The Tenth Amendment defines
federalism or the relationship between the federal and state governments. As federal activity has
grown, so has the challenge of balancing state and national interests as they relate to the federal
powers to tax, police, and control, such as wage and hour guidelines, disclosure of personal
information in recordkeeping systems, and strip-mining legislation.
In law enforcement, this division of authority means that the different levels of
government undertake specific tasks. Federal law enforcement agencies, such as the FBI, DEA,
and ATF, enforce federal laws, investigate and prosecute federal crimes, and protect national
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security (
Legislative activity
2023). State law enforcement agencies, such as state police
departments, enforce state laws, maintain public order, and support local law enforcement
agencies. Local law enforcement agencies, such as city and county police departments, enforce
local ordinances, respond to calls for service, and ensure public safety within their respective
jurisdictions
The division of authority for law enforcement activities between federal, state, and local
governments is appropriate. This division allows for a multi-faceted approach to addressing
crime and public safety, with each level of government playing a distinct role while supporting
and complementing the efforts of the others. Regarding law enforcement tasks, the division of
authority between federal, state, and local governments is based on overlapping jurisdiction.
Generally, the federal government handles issues of national security, immigration, and interstate
crime, such as drug trafficking and organized crime. It allows for a more tailored and specific
approach to law enforcement, as different levels of government can focus on their constituents'
particular needs and concerns. Additionally, it promotes better accountability, as citizens can
more easily hold their local and state officials responsible for law enforcement issues that
directly affect them.
Overall, the division of authority between federal, state, and local governments is a
foundational aspect of the American system of government and is designed to balance power,
promote accountability, and address the population's diverse needs. While it has its drawbacks,
the principle of federalism allows for a more nuanced and responsive approach to law
enforcement. The division of authority between federal, state, and local governments is essential
to the functioning of our government in a federalist system. This division is grounded in legal,
philosophical, and historical principles and ensures a balanced distribution of power, protects
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