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Federal Constitution in US - Coursework Example

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Name Instructor Course Date Chapter 2 1. Could a country such as the United States function without a federal constitution? Would it be possible for each state to merely abide by its own constitution? When the United States of America wrote and ratified its written constitution that was clearly without precedent…
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Federal Constitution in US
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Download file to see previous pages In doing this, the federal constitution creates a balance of power between States and federal constitution. That is something that the state constitution could achieve for the federal government. State constitution is unable to define how a federal officer could act or behave. In addition, there could be conflicts and chaos as 50 States in the US would create 50 distinct sets of rules for the government to follow. It is possible that the US could have survived without a written constitution with all powers remaining in its 50 States. In this regard, the US government could have served as a place for the States to monitor and coordinate their policies. However, such a feeble link and association between the States would not have been workable since it would have caused many chaos and disputes between the States as the States had serious conflicts and disputes over the territories, commerce disputes, and land use conflicts. The US federal government, under its powers States in the constitution keeps all States united, peaceful, and working together even if at times they are not happy about some policies that the government implements. It would have been very hard for the US to hang on and survive without a formal written constitution because the constitution gives the country stability and a way of discussing and resolving their disputes given that there are many States in the US. It is worth noting that constitution is not a static document thus it is flexible and open to changes with identification of faults and need of changing times. In this manner, written constitution aided in settling differences among States and reaching consensus among warring groups. In addition, the written constitution helped the US in balancing the power between the States and federal government thus binding all the 50 States in one nation. 2. Why shouldn’t the Constitution include an overall criminal code specifying crimes and punishments that could apply throughout the United States? Most criminal policies and laws are formed by States in the US and the federal constitution was written as a guide for federal government. Therefore, penal codes are very lengthy in that they cover many things from standards such as murder and larceny to practicising clinics without a license. In addition, penal codes deal with traffic laws and by the time the constitution was enacted, there were no cars nor were there computers or credit cards. The constitution gave legislative powers to congress to tackle problems as they arose instead of assuming that the drafters of the constitution could anticipate the future and all tribulation that would come up in future. Furthermore, the constitution is enacted to protect rights of individuals and place limits on the authority or powers of the federal government. Listing punishments and crimes in the constitution would load it up with many specifics and hence infringe on the work of the judiciary and legislature, who are mandated to determine such matters. 3. Why is society considered the victim of a crime rather than the individual victimized? Criminal law considers society the victim because when an individual commits the crime, the behavior affects the society. For instance, if the society’s security is upset, all members of the community are considered victims. People need laws to identify what action is acceptable and to be able to deal with people who do not follow the law. ...Download file to see next pagesRead More
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