Criminal Law : An Arrangement Of Legal Guidelines

The Constitutional is centered around power and where that power comes from. The enumerated powers established in Article 1, Section 8 have also given Congress the power to carry out laws in order to follow previously established powers. Governments stretch and bend problems in such a way that they will fit under the enumerated powers of the Constitution. All the enumerated powers have a list of adjunct statute not stated in the strict interpretation of the power. The Necessary and Proper Clause authorizes Congress to pass laws and the adoption of theses laws prompt questions. Examples of questions would be: “How strong must the means-end connection between the primary policy and the secondary rule be?” or “ What are the side effects of this law and how does it impact society?” Laws passed under the clause are placed under judicial review which determines if it applies under the Constitution.

3. A misdemeanor or felony is a crime punishable by a fine or a jail sentence of less than one year?

Under the Civil Law system, the laws are written and codified that the judges have to follow verbatium. Whereas, under the common law system that is followed by Australia, India and the United Kingdom, the laws are codified, doctrine of precedents is followed but the higher courts have the power to over-rule old judgements and existing law in cases where the law breaches the basic structure. (Peterson)

Factually, the due process mission of this model is protecting guiltless individuals from wrongful prosecution within the system. The Fourteenth Amendment incorporate the Bill of Rights that supports the Due process model set by the framers of the Constitution (Bill of Rights, 1868).

Every state in the Union has created and implemented its own constitution. These constitutions provide the legal framework by which government operates. They also identify the specific role of government, and endow it with certain powers and authority. A constitution also creates a system for how power is to be delegated and distributed through the creation of branches and individual offices. Along with the authority it provides, constitutions create limits on this power of government, and establish checks and balances to further limit the scope of each individual branch and officeholder. Most importantly, constitutions provide unalienable rights to citizens that cannot be refused, or abridged by government. Each state’s constitution is different, however, all of them serve these functions, in order to, create a lasting government that acts in the best interests of its citizenry.

The United States Constitution is an outline of the laws and principles that define the rights of American citizens and sets limits on what the government can do by organizing the branches of government. The legislative branch creates the law; the executive branch enforces the law and the judicial branch decides if the law follows the constitution. There are on-going debates about what The Constitution writers meant and what rights are given. From the beginning its writers debated how the details would be framed.

The court system is an organization in order to provide swift and accurate judgement to the public. When an individual commits a crime they are summoned to appear before a judge. The judge is the individual who will determine their fines, jail time and the overall outcome of a case. This paper will discuss mandatory minimum sentences and sentencing guidelines.

The United States Constitution was written to serve as a framework to represent U.S. law. Today, with some adjustments and modifications, the Constitution still stands as the law of the land. Within its confines, the Constitution grants a division of power between state, local, and the federal government. No government is iron clad or perfect and sometimes there are situations between all levels of government that may present conflicts of interest.

As the primary law of the land, the Constitution establishes all succeeding laws that would cater to the development and progress of a nation. The United States, with almost half a millennia of political practice has created for itself a system spanning the entire modern free world.

The United States Constitution is a document that embodies the fundamental laws and principles by which the United States is governed, sets limits on what the government can and cannot do, as well as defines the natural rights, liberties, and freedoms of American citizens. It is arguably, the most important document ever crafted in American history and the one document that affects every single citizen within the United States every single day. It is thanks to this document that the United States citizens can enjoy the freedoms that they hold today, which are outlined in the bill of rights, as well as ensuring the citizens a fair form of government through a system of checks and balances, which guarantees that the government cannot bare qualities of tyranny, corruption, and ineptitude. For example, natural rights such as the freedom of speech, which is the first amendment in the bill of rights of the constitution, ensures that the citizens of a government have a voice in government policy and procedures by allowing them to participate in political discussion, to voice their opinions through debate, and to express their content or discontent with a government official or policy, as well as laying the foundation for all other freedoms and rights. The Constitution also prevents the government from becoming too powerful or tyrannical through the separation of powers, as well as places limitations on the powers of the government through provisions such as the Establishment

The Constitution has one main pillar that has supported it for the last 2 centuries. This is its precise balance of the power held by the government. To accomplish this, the Constitution specifically states what powers Congress and the president have. The government may not exceed these

The first way that a constitution can limit the government is if it acts as a social contract. The social contract gives people the right to consent to be governed and if the people withdrew that consent then the right of revolution could be acted upon. Therefore, government attains its authority from the consent

These rights enshrined in constitutions are rarely absolute. Constitutions often limit rights by making references to external laws, narrowing their scope to the public sphere, invoking religion, and pointing out the supremacy of other constitutional provisions. In addition, states often condition such rights on subjective considerations, including rights of others, order, security, and public morals. Notably, these limitations can produce negative consequences by infringing on the international standards adopted from international instruments.

Crimes are frequently classified according to their seriousness as felonies or misdemeanors. Generally, felonies are more serious than misdemeanors. Under the federal criminal law system, felonies are crimes for which the punishment is death or imprisonment for more than a year. A misdemeanor is punishable by a fine or by imprisonment for less than a year. In most states persons convicted of felonies are sent to state prisons, while those guilty of misdemeanors serve their sentence in city, or county jails, or correction houses.

Constitution is the basic principles and laws of a nation, state or social groups that determine the powers and duties of the government and guarantee certain rights to the citizen (Merriam-Webster online dictionary, n.d). In other words, it is a set of guidelines for a government to exercise the given power.