Federal_Versus_State_Policy_Comparison

Federal Versus State Policy Comparison Criminal Justice Policy Analysis/CJA464 September 3, 2013 The United States of America as a nation consists of 50 states. The American society has military bases all over the world. The United States of America has territories that are a part of our country in different places of the world also. In the 50 states each state has their own laws that the citizens must abide by. Each state has their own specific unique laws established individually for their state. In conjunction with those laws that exist over the people in their specific state there are also federal laws that govern the states as well as the people who live in them. People who live in the United States have two sets of laws that they must abide by. These laws that govern the people are known as state laws and federal laws. In this paper we will attempt to identify the differences and similarities compare and contrast of federal and state government as it shows us the role in the implementation of criminal justice policy. We will try to address several aspects of policy for the development and implementation of those laws. The United States Constitution governs our nation. The Constitution provides the federal government the authority it needs to handle the nations international affairs as they deal with foreign policy, this enables the federal government to create and establish the national defense needs of the nation, and it also allows them the power to handle and deal with the issues which are currency related inside the nation. The federal government is superior to state government, and, because of this federal law will override state law. The Fourteenth Amendment in the United States Constitution designates that the Bill of Rights valid in each state. According to the Constitution federal law is designated to govern items passed in legislation by the United States Congress. Federal law is meant to govern the executive decisions and orders made by the president of the United States. Federal law is also meant to uphold the decisions made by the federal courts according to the rules outlined in the Constitution. The United States Supreme Court is used as the final arbiter for resolution in cases in which the concern is federal law. Federal laws are codified in the United States code and are more powerful and hold a greater weight than the state laws. State law in short, is the law of the land that governs each state separately. Each state has their own unique designs of laws and each state has their own laws, which are created in their own legislation. The laws that each state creates are created as a bill and passed in each individual state by his or her own state legislature and are approved and signed by the specific state’s governor. State law is made to govern the state and exists alongside with federal law. The problem with their relationship is that habitually while there is a requirement to exist in general they cannot coexist and when this happens conflicts arise. When conflicts arise the problems are generally taken to federal courts to attempt to find a resolution. One most current issues of conflict taking place in the United States would be that of the medical marijuana decision made by states that have sought to legalize the substance for use for medical purposes. Recently, in Bellingham Washington, local medical marijuana shop was raided and the employees were taken to jail. Northern Cross assistant manager Jason Crawford said he was there with Nickerson and about seven other volunteers when the police showed up. Though a raid was not entirely surprising, he said he did not think it would come this soon, if any. "I think it's crazy. It doesn't make any sense," he said. "We've been here for a year. We've never had any complaints. We don't have people hanging out in front of the store. We're quiet. It's crazy to me" (Fraley, 2012). The general concern with the medical marijuana problem is that although some states have made it a legal substance, which could indeed be used for medical purposes, the fact still remains that even though states have made it legal by federal law, it is a substance that is illegal. Some states have chosen to take the initiative to make marijuana and its sell and distribution legal as long as a doctor is treating those purchasing it and have a legitimate need for it. State and federal law are in direct conflict in this situation and although the state will not take action against those that they have given the ability to sale and distribute marijuana for medical purposes but the problem that exists with this is that the federal law does not allow the sale of marijuana and they will take action against those that have state permission to establish one of these medical marijuana stores. This conflict has arose over the past couple of years and the issue has gone to a vote many times and has become a hot button issue that has inspired much debate and many voices for change. In conclusion, state law and federal law are very similar as, they are each meant to dictate a measure of safety for the citizens of the United States of America. According to the United States Constitution federal law, which is dictated, allows the federal government the power to make laws for the people and for the country as a whole. State laws are meant to allow each state to be allowed to govern them and handle the issues within their states. This power was given to them from the Bill of Rights that was also outlined in the Constitution. The problem that we have is that sometimes-federal law and state laws are in conflict and are in direct opposition of one another. Each state is meant to stand-alone and should be allowed to govern them without fear of interference from the United States government. Policy implementation is incredibly important and those whom the policies which are created, affect should be something that is taken into consideration. When this happens then no matter if the portion of our nation that is creating a policy whether it be federal or state should have the people who exist within our country first. If we do this and they understand that between the federal and state laws each of them should strive to be the best they can be for the people who exist in this country.   References Fraley, Z. (2012) “Bellingham police raid medical marijuana shops, employees arrested” The Bellingham Herald March 15, 2012.   Internet Reference, http://www.federalcrimefaq.com/what-is-the-difference-between- federal-law-and-state-law/, retrieved on March 18, 2012.