The constitution, statutes, rules, and contracts are all part of the legal system. The constitution of the United States is made up of numerous layers of codified and uncodified legislation, the most significant of which is the nation’s Constitution, which prescribes the basis of the federal U.S government as well as certain civil freedoms. Though constitutional rules are few in number, they are significant because they safeguard rights that we as a community have determined to be basic. Making certification activities legal, as well as setting procedural norms and regulations, is critical for the effective administration, operation, and upkeep of CRVS systems. The legal framework of America is important in handling all public safety issues (Keane, 2008). To demonstrate the understanding the American legal framework, it is important to consider concepts such as federalism, and police powers. Also, considering a scenario whereby I play the role of a state public safety official during a pandemic is crucial to demonstrating an understanding of America’s legal framework.
Federalism
Federalism is a governance system in which sovereign authority is split between the central government and certain smaller local administrations. This is quite simple in the us. There exists a national government that consists of the judicial, legislative, and executive departments, as well as 50 sub-national administrations, one in each nation. The phrase “federalism” is not used in the United States Constitution, nor does it contain detailed information regarding the federal system. Nonetheless, the framers contributed to the development of a federalist structure of America , notably in the manner the Constitution distributes authority. The founders of the Constitution provided the national government just a few stated powers, leaving the rest to the states. In a section known as the Supremacy Clause, Article VI of the Constitution proclaims that the Constitution and any regulations made under it constitute the “supreme Law of the Land.” This provision suggests that the federal government has control over the state governments. The Constitution gives the national government many types of authorities and forbids it from conducting certain acts (Robertson, 2017). The Constitution defines four categories of power: enumerated authority, implied power, inherent power, and banned power. The Constitution’s Tenth Amendment reserves powers not expressly granted to the central government “to the individual counties or to the citizens.” Along with conventional police powers and joint powers, the Tenth Amendment establishes the constitutional foundation for power of the nation in the federal connection. Federalism also includes the intricate ties that exist between the many states. The “full faith and credit clause” of the Constitution compels states to respect the public actions and judicial judgments of other states, while the “privileges and immunities clause” prohibits states from discriminating against people from foreign countries. Federalism imposes various constraints on state sovereignty, particularly when it comes to interactions between individual states. Local authorities, while not acknowledged by the Constitution, are employed by states to carry out government functions.
Police powers
The right to safeguard the nation and its citizens from risks to human safety is referred to as police power. It precedes the formation of structured police forces, which did not occur till the postcolonial era. During the colonial era, police authority was employed to manage inconveniences such as tanneries that polluted the water and air in cities, to restrict the sale of contaminated food, and to isolate people ill with illnesses. The states kept much of their police power under the Constitution, but they shared the right to control health and security concerns with the national government. Drug and food restrictions, environmental preservation legislation, and occupational safety rules are examples of how the federal government has used its police power. Police powers are classified into three types in terms of law enforcement. Among these are the abilities to investigate crime (Sanders, 2012). This involves a variety of capabilities for gathering evidence required to identify suspects and assist their fair and effective trial.
The second category is the ability to prevent crime. This covers a variety of authorities for maintaining public order, preventing anti-social behavior, and managing known suspects. Finally, there are authorities to ‘dispose’ of prosecutions. These rights enable police officials to settle criminal matters beyond the court or to prosecute suspects in order for them to be convicted. Without considering law enforcement, some of the police powers include the ability to control land use via zoning and general plans, the ability to demand real estate agents to be certified, and the power to control pollution, environmental monitoring, and housing affordability.
Factors to consider in a quarantine scenario
As a state public official particularly in the law enforcement sector, there are various factors that I would consider related to quarantine during a pandemic. One of them is the condition for detention or isolation of different individuals in the public. I think that there is a need for me to collaborate with municipal authorities to ensure that cops have clear direction on the correct procedures for isolating and detaining infected citizens. As a leader, I should make certain that I am given knowledge on how to hold or isolate a person suspected of having an infectious disease, as well as how to manage circumstances in which a person fails to comply. Arrests should be handled in accordance with policies. I am also in charge of teaching younger officers on alternative places for confinement and isolation of persons who do not adhere to health emergency notifications. Another important factor that I would put into consideration is the safety of the officers (Zhou, 2020). Placing individuals in quarantine means that they have a contagious disease which could affect the law enforcement officers in charge of isolation. I would guarantee the protection of my officers by developing an all-hazard plan. This mostly entails providing the officers with protective gear to prevent them from contracting any infections while interacting with sick citizens. Another key factor that I would consider is communication with both my officers and the public. It is necessary to inform the officers how to handle any individuals who should be isolated, particularly, those who resist. For the public, it would be important to educate them on quarantine for them to realize it is not imprisonment and cooperate.
Circumstances under which the federal government can intervene in a pandemic
Local and State health authorities collaborate with several federal agencies, particularly those within the Department of Health and Human Services. The Centers for Disease Control and Prevention (CDC), for instance, is in charge of containing infectious disease outbreaks and promoting mass vaccination. The federal government also provides cash to countries when state funds are insufficient, as well as direction for projects such as emergency planning. It steps in if economic harm has to be repaired. Large purchases of American government and home loan assets, as well as loans to consumers, enterprises, financial market players, and local and state governments, might fall into this category. Coordination is a critical task that pandemic policies allocate to the federal government (Berman, 2020). The purpose is to use the entire range of government medical and communal health skills to assist state and local governments. This necessitates the coordination of a coordinated national response including several federal agencies, local and state health authorities, the commercial sector, and academics. Furthermore, the federal government intervenes in a pandemic if certain substantive duties are necessary. They include conducting epidemiologic research to inform global epidemic relief efforts; constructing necessary medical equipment, such as immunizations, therapeutics, and diagnostic tools; establishing the need for the growth or acquisition of medical defensive measures; sustaining supply chains and amassing supplies; and tracking demand for and allocation of those supplies by participating in meaningful partnerships. Supply chain management entails not just allocating key resources to where they are most wanted, but also utilizing instruments solely accessible to the federal government, like the Strategic National Stockpile and authority granted under the Defense Production Act.
Factors to consider before deployment of the National Guard or the military during a pandemic
As a law enforcement leader, I would need to consider various factors before advocating for the deployment of the National Guard and the military. One of the factors to consider in relation to the National Guard is the intensity of people’s reaction to the pandemic. For instance, if there are riots and chaos due to the measures put to curb the spread of the disease, soldiers would be necessary to handle the situation. Also, it would be necessary to determine he relevant military bodies to deploy for the pandemic. Military troops of two types would be most beneficial: medical units and quarantine bases (Zell, 2021). If the quantity of infections surpassed the capacity of the public healthcare system, healthcare personnel would be required. I would also consider the added military’s charges. The entire cost is, of course, determined by the magnitude of the military reaction. Obtaining funding for state National Guard actions needs federal permission, thus it is also critical to verify that they are willing to assist.
In conclusion, America’s legal framework is guided by factors such as a federalism and a constitution that dictates the does and don’ts of the different parts of the government. Federalism in the U.S means that there exist a national government that consists of the judicial, legislative, and executive departments. Police powers basically refer to the things that law enforcers are allowed to do while the civilians cannot. They are divided into three namely: abilities to investigate crime, prevent lawbreaking and ‘dispose’ of prosecutions. However, police powers are not restricted to law enforcement since the officers can perform duties like controlling pollution and checking for the certification of real estate agents. The safety of my officers, communication, and the conditions for isolation are some of the factors that I would consider during quarantine as a state public official in the law enforcement. The federal government is allowed to intervene during a pandemic if there is need to repair a damaged economy, or if there is need to perform some duties that can only be performed by this body. Some of the factors to consider before deploying the military or National Guard during a pandemic is the people’s reaction to the measures put in place, the necessary troops and the means of compensating them for their services. To sum up, the American legal framework is critical to handling any public safety issue in the country.
References
Berman, E. (2020). The Roles of the State and Federal Governments in a Pandemic. J. Nat’l Sec. L. & Pol’y, 11, 61.
Keane, P. A. (2008). In celebration of the Constitution. National Archives Commission, Constitution Founders Lecture Series.
Robertson, D. B. (2017). Federalism and the Making of America. Routledge.
Sanders, A., & Young, R. (2012). Police powers. In Handbook of policing (pp. 309-340). Willan.
Zell, J., Wisnewski, A. V., Liu, J., Klein, J., Lucas, C., Slade, M., … & Redlich, C. A. (2021). Associations of SARS-CoV-2 serum IgG with occupation and demographics of military personnel. PloS one, 16(8), e0251114.
Zhou, X., Ma, X., Hong, N., Su, L., Ma, Y., He, J., … & Long, Y. (2020). Forecasting the worldwide spread of COVID-19 based on logistic model and SEIR model. MedRxiv.
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