Separation Of Powers And Federalism

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Separation of Powers and Federalism Separation of powers and federalism are two important concepts that have continuously surfaced in legal and political dialogue in the United States. Indeed, it would not be an exaggeration to state that the concepts of separation of powers and federalism have a significant impact in shaping the American political system, including the criminal justice system, that exist today. In New York v. United States (1992), Justice O’Connor noted that the issue of federalism, “discerning the proper division of authority between the Federal Government and the States”, was “perhaps our oldest question of constitutional law”. The concepts of separation of powers and federalism serve similar purposes. The division of governmental…show more content…
The framers’ vision is also explicitly stated in the Tenth Amendment to the United States Constitution, which provides that, “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” The states are understood to be fundamental building blocks of governmental power in the United States, and they possess general police powers, which refers to the powers of government a state has over its inhabitants generally. The federal government, on the other hand, is understood to be a limited government of enumerated powers, as reflected in the Tenth Amendment. A federal government of enumerated powers is also implicit in the Article I, II and III of the Constitution, which grants federal legislative, executive and judicial power…show more content…
The introduction of the 14th Amendment has led to reduction in state legislature’s power to make criminal laws. With the introduction of the 14th Amendment, the states are now prohibited from making laws that contravene explicit and implicit rights contained in the Bill of Rights. In Griswold v. Connecticut , a Connecticut statute prohibiting the use of “any drug, medicinal article, or instrument for the purpose of preventing conception”, was found to be invalid for violating the "right to marital privacy" implicit in the Bill of Rights. In Loving v. Virginia , Virginia criminal laws prohibiting interracial marriages were held to be unenforceable for violating both the due process and equal protections clauses of the 14th Amendment. The 14th Amendment has also reduced state executive’s power to implement and enforce criminal laws. With the introduction of the 14th Amendment, the state’s executive must comply with the criminal procedural safeguards in the Bill of Rights which have been selectively incorporated. In Mapp v. Ohio , the Supreme Court incorporated the Fourth Amendment’s protection against unreasonable searches and seizures through the due process clause of the 14th Amendment, and held that evidence obtained in contravention of the Fourth Amendment may not be used in criminal prosecution
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