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Directions: Read the discussion post 1 and 2 and respond with two paragraph each

by | Sep 2, 2022 | Criminal Justice | 0 comments

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Directions: Read the discussion post 1 and 2 and respond with two paragraph each.
Adhere to the following guidelines listed below. Use APA format for reference and include page numbers when citing information.
Discussion Post 1: The United States constitution has divided the government into three branches, the judicial, the executive, and the legislative. The legislative branch is comprised of the house of representative and the senate and is the branch that is responsible for making laws. In lay mans term an idea for creating a law or a bill as it is called is introduced in the house of representatives, it is then voted on and with a majority vote it is then send to the senate where it is debated on again before being voted on and if successful it goes to the President of the United States who sign it into law.
What is Federalism and why does it create fifty-two lawmaking jurisdictions in the United States.
Federalism as it related to the fifty-two states in the United States of America is an agreement among all the states to be govern by a set of rules where they all have equal say n the laws and making of these laws while maintaining certain freedom to also govern themselves. The states all have their own government who decided to make a larger government which is the federal government whose job is to take care of the interest of all its members.
(2)
The constitutional amendments at issue in the case of Duncan vs Louisiana are the six and the fourteenth amendments. The sixth amendment gives Ducan the rights to a trial by a jury of his peers and the fourteenth amendment gives him his due process rights meaning that he has the legal right afforded to him as a citizen of the United States.
The court ruled in favor of the petitioner Gary Duncan, “the court found that the sixth amendment guarantee of trial by jury in criminal cases was fundamental to the American scheme of justice, and that States were obliged under the fourteenth amendment to provide such trial” (Spitzer, 2021).
Discussion Post 2:
1. How would you explain the lawmaking structure of the United States to someone totally unfamiliar with the Constitution? Specifically, what is federalism and why does it create fifty-two lawmaking jurisdictions in the United States.
 
Congress is the legislative branch of the federal government and makes laws for the US. Congress consists of  two legislative bodies: the U.S. Senate and the U.S. House of Representatives. An elected official of either body can propose a new law. A bill is a proposal for a new law. A bill must be researched and discussed. There are often changes made to a bill before it is put up to be voted on. After the parties agree on a bill, the president has the option to sign or deny a bill (veto). The president’s veto a bill can be overridden by Congress voting and it can become a law(How Laws are Made, 2019).  
Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern(Federalism,2018).DC and Puerto Rico is also included. Therefore, this is why there are 52 lawmaking jurisdictions in the United States.
 
2. After reading the opinion   explain the following: 
* Which Constitutional amendment is at issue in the case, and what is the importance of the rights it encompasses?
The  constitutional amendment that is being questioned in this case is the Fourteenth Amendment. The Fourteenth Amendment guarantees the right to a jury trial in all criminal cases which, where they to be tried in a federal court, would come within the Sixth Amendment’s guarantee (“Duncan v. Louisiana – 391 U.S. 145, 88 S. Ct. 1444,” 2021).
* What did the United States Supreme Court decide in this case and why?
* A defendant was denied a trial by jury due to a Louisiana Constitution. This constitution grants jury trials only in cases in which capital punishment or imprisonment at hard labor may be impose. The supreme court ruled in favor of the defendant. The Court ruled that a crime punishable by two years in prison was a serious crime and not a petty offense. The defendant was entitled to a jury trial and the trial court erred in denying it(“Duncan v. Louisiana – 391 U.S. 145, 88 S. Ct. 1444,” 2021).

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