Introduction
This paper will define what statutory criminal law is on the state and federal levels of government. This paper will also look at the states authority to enact criminal laws by statute, and what the states limitations are in doing so. This paper will further explore the federal government’s authority to enact statutory criminal laws and what its limitations are. Lastly, this paper will describe what powers political subdivisions have in making statutory criminal laws.
Statutory Criminal Law Defined
Statutory criminal laws are simply laws that are written or prepared by a state or federal legislative body to govern conduct, protect the safety and welfare of the public, and/or address social issues that may be health or crime related. Once a statutory criminal law is written or prepared it becomes a bill that is first introduced to the members of the legislative body, where it was formed, by the House of …show more content…
In one case, where Congress passed a law, (Gun-Free School Zone Act), under the commerce clause, the U.S. Supreme Court ruled this law to be unconstitutional, because it overstepped the powers of Congress to enact such a law based on the reasoning of the law. In other cases, where laws have been enacted on the federal level, such as laws which deal with issues of universal health care, immigration, and same sex marriage, the U.S. Supreme Court has ruled or upheld these federal enacted laws as constitutional. However, some states have challenged these laws and have called into question the constitutionality and the power of the federal government to enact or impose such laws, most states feel that these laws infringe on their individual rights to address these
This paper will define what statutory criminal law is on the state and federal levels of government. This paper will also look at the states authority to enact criminal laws by statute, and what the states limitations are in doing so. This paper will further explore the federal government’s authority to enact statutory criminal laws and what its limitations are. Lastly, this paper will describe what powers political subdivisions have in making statutory criminal laws.
Statutory Criminal Law Defined
Statutory criminal laws are simply laws that are written or prepared by a state or federal legislative body to govern conduct, protect the safety and welfare of the public, and/or address social issues that may be health or crime related. Once a statutory criminal law is written or prepared it becomes a bill that is first introduced to the members of the legislative body, where it was formed, by the House of …show more content…
In one case, where Congress passed a law, (Gun-Free School Zone Act), under the commerce clause, the U.S. Supreme Court ruled this law to be unconstitutional, because it overstepped the powers of Congress to enact such a law based on the reasoning of the law. In other cases, where laws have been enacted on the federal level, such as laws which deal with issues of universal health care, immigration, and same sex marriage, the U.S. Supreme Court has ruled or upheld these federal enacted laws as constitutional. However, some states have challenged these laws and have called into question the constitutionality and the power of the federal government to enact or impose such laws, most states feel that these laws infringe on their individual rights to address these