Theories Of Punishment research paper

Theories Of Punishment

The United States government incorporates various levels that include county, state, and federal governments. Each level of government has implemented laws that are applicable within its jurisdiction; hence, they guide people on how to conduct business and development issues within given state levels. States prescribe legislation that is enforced throughout various levels of government from country, state, and federal perspective. Therefore, the concept of federalism entails a system of government, which combines different levels, such as state and national government (Ginsberg et al. 78). However, these are separate institutions, which have the mandate to enforce the rule of law within their respective jurisdictions. This paper will discuss government and politics, the constitution as an institution, federalism, and IGR in relation to the US government.

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Government refers to the structure of governing a country, community, or state by either alone or more persons. It performs all the work of legislature and executive, which entails formulating and enforcing policies(Ginsberg et al. 78). Politics is the system in which individuals enact organized control over states, countries, and communities, as well as allocate resources at national or international level. A constitution is a formal or informal system that contains principles and laws for regulating governments and other institutions. Federalism refers to a system of governance in which two levels of government govern one territory. They constitute the central government that deals with matters affecting the entire nation and the subdivisions that deal with issues at the local levels. An intergovernmental relation is a process by which various government units of different types and levels interact to enable cooperation that helps in addressing relationships associated with inequality and interdependence.

Body:

The book We the People by Ginsberg and co-authors gives the concept of federalism as embedded in the United States Constitution where it states that all American citizens have equal rights and freedoms under the law (Ginsberg et al. 78). Federalism ensures that intergovernmental relationships are established to ensure that the rule of law is preserved across the various jurisdictions. While the various states have their own governments, laws and regulations, the federal government harmonizes these by ensuring that parity in the implementation of government policies across all states. The creation and implementation of various policy decisions are critical to the development of both the federal and state governments. Since, a significant number of activities are carried out at the state government levels; more policy decisions are, subsequently, implemented at the state level. Therefore, state policy decisions are more prevalent in the justice system; for that reason, state justice systems and courts experience more activities in contrast to the federal government’s justice system. The presentation of cases the federal government is only made when state courts do not have jurisdiction of dealing with the case or it is beyond the scope of the state’s justice system.

State governments, their judicial systems, and legislature have the responsibility of ensuring that issues are adequately balanced without infringing on the rights of others or invading the mandate of other states governments. Consequently, federalism ensures that a system exists, which micromanages the roles and responsibilities of the national government at the state level. Therefore, the federal government decentralizes authority through establishing institutions at the state level that ensure service delivery is achieved in an efficient and optimal manner.  The federal government has a critical role in the development of various policies that impact the state; however, these systems are not tailored for any defined state. State policies are factors of local issues arising within a state; therefore, distinct states make determinations on the nature, scope, and extent of these systems. As such, the development of policies at the state government level is dependent on the dynamic values that are maintained in a defined state(Ginsberg et al. 79). Meanwhile, the federal government has developed and comprehensive policy development system within which various issues are adequately addressed across national and state levels.

The US Constitution contains laws that govern the nation and ensures its stability. Individual states have constitutional provisions and powers that enable them to make laws that are distinct to the state; therefore, policies may vary from one state to the next as a result of the various cultures, values, and beliefs in each state (Ginsberg et al. 79). These differences may impact the definition of an issue, its scope, and the pre-requisites of the policy process.State and federal governments have a critical role in the preservation of the rule of law and public safety through the implementation of an effective justice policy. In light of this, state and federal jurisdictions are clearly defined to prevent ambiguity and clashing priorities in the implementation of justice policy (Medecigo 11). This enables states to create and enact laws that are applicable within their jurisdictions without unnecessary intervention from the federal government. The federal government is primarily responsible for federal crimes, leaving other crimes to the discretion of state justice systems.As such, similarities between the state and federal government are evident in the judicial framework, including laws, regulations, rules, justice system policies, and constitutional mandates of the judiciary. Meanwhile, differences emerge in state and federal law provisions on the determination of policies, management of their respective legal regimes, as well as management of their resources with the aim of preserving the integrity of the justice policy and systems (Ginsberg 79). While both the state and federal governments have different definitions in their respective implementation of the justice system, they have unity of purpose. Consequently, they endeavor to uphold their constitutional mandate through the enactment of laws and development of justice systems is aimed at preserving public safety.

The political culture of the United States allows participation of both leaders and citizens through democratic leadership. The delegation of authority and responsibility through state government ensures that services are brought closer to people. However, issues of power often come up, especially, jurisdictional authority between various government agencies and institutions. Once these matters arise, intergovernmental relationships may be strained, especially, if there is an overlapping authority on a given issue (Medecigo 13). However, federalism has significantly succeeded in creating clear definitions of the mandate and authority of various state and national government agencies. This ensures that intergovernmental relationships are not strained, and effective cooperation is established through identification of common issues and challenges that must be addressed accordingly.In cases where there are conflicts, federalism comes into effect through carefully identifying the optimal approach within which governments can cooperate with each other towards the realization of a common goal (Ginsberg 79). For instance, if state police are seeking a fugitive, the help of other states and the federal government may be vital. This is only achieved through interagency cooperation among state police and federal agencies such as the FBI. The cooperative intergovernmental relationship that is established is often helpful in solving a myriad of issues that would make it difficult for one level of government to achieve on its own.

Intergovernmental relations (IGR) aim at connecting the states and the local governments to bring services to people. IGR helps citizens to connect with their government and offer ideas that assist in developing the nation. It also helps people understand their power in the government by voting the right leaders who can improve their livelihoods. In addition, citizens can raise their voices against issues, which include corruption, as well as other social and economic problems, such as discrimination. The media plays a vital role in facilitating intergovernmental relations in which it helps connect the government and people. In addition, it promotes democracy, which, in turn, improves participation of citizens in the nation building. Intergovernmental relationships are further reinforced through ensuring that the rights and freedoms prescribed in the Constitution are imposed equally throughout the various states. These guarantee that civil liberties, rights, and freedoms of American people are preserved and implemented at the state and national government levels (Ginsberg et al. 78). Through federalism, essential services and protections of the law are brought nearer to people by ensuring that law enforcement agencies across the country cooperate with each other to make sure that people are not harmed by elements that may transcend state boundaries.

Conclusion:

The concepts of federalism have successfully been implemented to ensure that civil rights, liberties, and freedoms are preserved for all American people. While there are differences in governance and constitutional mandate between the state and federal governments, the development of intergovernmental cooperation ensures that such limitations are overcome towards the attainment of a common interest. Interagency relationships are critical in ensuring adequate service delivery and protection of the country. Each level of government has formal authority to develop and implement policies that safeguard not only the interests of its immediate citizens, but also the entire country.

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