States also have the authority to delegate their police powers to Municipalities. Pennsylvania 's Constitution, states that a “municipality which has a home rule charter may exercise any power or perform any function not denied by [this Constitution], by its home rule charter or by the General Assembly at any time”. Thus the City of Philadelphia draws its police powers from the state in the same way states draw their power from the Constitution. Section 5-300(a) of Philadelphia’s Home Rule Charter of 1951 provides that the City Department of Public Health shall administer and enforce statutes, ordinances and regulations relating to public health including those dealing with the pursuit of occupations affecting the public health”.
In Warren v. Philadelphia, the court stated that under its police powers, a state or its municipalities may enact statutes and ordinances for the welfare and health of its citizens provided the ordinance is not unreasonable or arbitrary. In that case, the petitioners argued that police powers rest with the state and that the police power that the city was attempting to exert had not been properly delegated to the city. In deciding the case, the court looked to the Home Rule Act of 1949, which stated that "The charter of any city adopted or amended in accordance with this act may provide … for the exercise of any and all powers relating to its municipal functions, not inconsistent with the Constitution of the United States or of this Commonwealth,
In the United States, there are city, county, state, and national police forces. They have very difficult and dangerous responsibilities. These public servants are required to perform many different jobs. They enforce laws and maintain order. They teach people how to help prevent crime and to protect themselves ( Mittleman, 2000). They offer assistance and take charge of many different situations such as car accidents, flooding, and hurricanes. Police
State agenies and policies are complex to say the least. Unlike federal government the state dose not have the “control over the functioning of theses agencies (Marion & Oliver, 2006 p. 356).” The state however can set policies along with procedures that the law enforcement agency is to follow. The state level is also able to set standards for training, certification along with recertification all of these local law enforcement is required to follow what the state sets. The state also is a go between so to speak for the local and federal agencies. If there are grants for instance it may be given to the state and then the state will pass it on to the local agenicies.
The state overriding any policy that they disagree with on a regular basis could lead to problems when considering political bias; e.g., Texas is usually a republican state, but many of the metropolitan cities vote democratic. A disagreement with policy could simply be the state trying to control their own political agenda. The states should be able to step in whenever the cities policies get extreme and begin to push boundaries, but controlling every policy basically defeats the purpose of home rule. The state governments are accustomed to reviewing large scale policies so, in some cases, the cities do not need a large-scale perspective. There seems to be more harm than good that comes with a strong state
He argued the right to purchase or sell labor was a protected right under the liberty included under the Fourteenth Amendment. However, he admitted states had police powers, which could limit the property and liberty of individuals. There was a limit on the exercise of police power though, or the Fourteenth Amendment would be useless. The police powers could be used for the safety, morals, general welfare, and health of the public. The New York law did not involve the safety, morals, or general welfare of the public. Justice Peckham argued the law did not affect the health of the public either because clean bread did not depend on the number of hours an individual worked. Working as a baker was not considered healthy but was also not regarded as unhealthy. Therefore, if the Court allowed the legislature to make laws on occupations not absolutely healthy, it would have the power to regulate almost every occupation. Justice Peckham argued the New York law was invalid because it interfered with the liberty of individuals to make contracts protected by the Fourteenth Amendment. Justice Harlan dissented, arguing the New York law was enacted to protect the physical health of employees in bakeries. Justice Holmes also dissented, arguing the Constitution should not be interpreted in favor of an economic theory,
Maryland in (1819), Gibbons vs. Ogden (1824), and Supreme Court vs. Comstock (2010) it brings in the topic of enumerated powers. For the Supreme Court each opinion differed, because one was interpreted with a “few and defined” powers that the Congress can exercise, while the majority opinion Congress has the implied power to criminalize any conduct that might interfere with an enumerated power exercise. Enumerated powers as explained before are powers that are just granted to Congress. In the end they did choose to keep the necessary and proper clause due to the fact that it met all the needs concerning our federal
The Constitutional Convention in Philadelphia was a secret meeting that took place between May and September of 1787. The reason of this meeting was to revise the Articles of Confederation. As well the problem from the Revolutionary War debt. The president of this convention was George Washington. Fifty four individuals attended which most of them were wealthy young persons who wanted to protect the economic of the state. The Constitution that arrived from the convention accepted a government with more limited powers, where each brand would check and balance the authority between the Judicial Executive and Legislative
In “Letter Sent from Philadelphia”, I particularly reveled in the fact that the politicians were only serving for the good of the community for a year’s period and then return home to tend to their personal affairs. William Penn and the twelve justices would be a sight for our country in these desperate times of career politicians. It intrigued me that Germantown had their own separate court system than that of Philadelphia. The local inhabitants of Germantown had no real interaction, except for some trade with the native Americans, because William Penn had paid them a sum of money to resettle outside of the Germantown area.
Roche 's article is the only reading that addresses the Three-Fifths Compromise at length. This suggests that while he saw this compromise as important, other authors might not have shared the same viewpoint. In comparison, Estes only mentions it briefly before an in-depth examination of the Connecticut Compromise, despite the fact that both had important consequences on the Electoral College at the time. The Three-Fifths Compromise stipulated that for purposes of legislative representation and taxes, three-fifths of each slave would be counted toward a state 's population. It also provided the South with additional votes in presidential elections.
Leaving states to find ways to protect their citizen’s 4th amendment as they try to control criminal activities in their jurisdictions proved to be a failure. Hence, in Mapp v. Ohio case in 1961, the Court applied the
In the Court’s highly fragmented decision, the justices attempted to define a proper balance of and boundary between federal and state authority: by arguing that state action constituted only those acts sanctioned by the state’s laws and by dismissing Section 20 for vagueness, the major block of dissenters suggested that the risk posed to state autonomy by federal intervention was too great; by recognizing the defendants’ actions as those perpetrated “under color of law” and by creating a “willful” test for acts under Section 20, the majority Opinion affirmed the federal government’s interest in protecting the rights of citizens from abuse by state authority, but provided it with a tenuous means for defending those liberties.
In 1934, Congress created the Federal Housing Administration (FHA) to assist citizens with their housing needs. According to “Department of Housing and Urban Development” on Allgov.com, “In July 1947, the Housing and Home Finance Agency was established to help people buy homes following World War II. Two years later, the Housing Act of 1949 was enacted to help eradicate slums and promote redevelopment in urban areas.” The Department of Housing and Urban Development Act began with the Housing Act of 1949. According to The Department of Housing and Urban Development written by John B. Willmann, “The Act of 1949 added new prestige to the Housing and Home Finance Agency by authorizing broader public housing activity.” The Housing Act of 1949 also promoted urban redevelopment and research on housing and development problems.
Mapp v. Ohio, was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in state law criminal prosecutions in state courts, as well, as had previously been the law, as in federal criminal law prosecutions in federal courts. The Supreme Court accomplished this by use of a principle known as selective incorporation; in this case this involved the incorporation of the provisions, as construed by the Court, of the Fourth Amendment which are literally applicable only to actions of the federal government into the Fourteenth Amendment due process clause which is literally applicable to actions of the states. On May 23, 1957, police officers in a Cleveland, Ohio suburb received information that a suspect in a bombing case, as well as some illegal betting equipment, might be found in the home of Dollree Mapp. Three officers went to the home and asked for permission to enter, but Mapp refused to admit them without a search warrant. Two officers left, and one remained. Three hours later, the two returned with several other officers. Brandishing a piece of paper, they broke in
City or Local Police patrol within city limits and they follow city ordinances as well as county mandates. City police may have specialized units such as S.W.A.T., Mounted Unit, Air Support Division, Art Theft Detail, K-9 Unit, ACTF, Gang and Narcotics Division, Motors and Commercial Enforcement. County Sheriff patrols the unincorporated areas within a county, enforce county mandates and they also operate the county jails. State Police patrol state highways and maintain building operated by the state. Traditional organizational structures of policing agencies, traditionally respond to crime
Numerous police agency’s and police officials work on a distinctive local, state, and federal level and role. It has its individual area, sectors, and function, and work according to local streets parts inside policing. In order for any local, state, and federal police division to work successfully it must hire chiefs, deputy’s, and sheriffs who retain leadership and who uses creative thinking skills to teach comprehensive, and aggressive instruction to make the police division a tougher department by holding all its workers tasks for doing his or her job according to its agency’s guidelines and procedures known as code of conduct. “Municipal police work for municipalities such as towns or cities, county police and deputy sheriffs work for counties, state police work for states, and federal police work for the federal government. Some have the same duties as one another or very similar duties, and some have different or additional duties. Their jurisdiction is sometimes the main difference. For example, a municipal police officer normally has primary
residents of the police jurisdiction, which extends three miles beyond the city limits. While the