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Showing posts with label state of tennessee research paper. Show all posts
Showing posts with label state of tennessee research paper. Show all posts

Saturday, August 13, 2011

Essay on the State of Tennessee


The State of Tennessee sources its funds from the taxes that it collects from the taxpayers.  The power of taxation is one of the inherent powers of the state.  Every state has the power to collect taxes which it uses to fund its social welfare programs and projects.  Without the taxes the government will be paralyzed because of the lack of funds needed to operate the machineries of the government.

Another source of funds is the federal government.  Since the federal government has programs the federal government provides grants to fund various projects of the different state government.  If the federal government thinks that certain projects are in line with the priority programs of the federal government they support it.  For instance, the Obama Administration seeks to develop high speed rails in the United States similar to the bullet trains found in China, Japan, South Korea, Taiwan and France.  The federal government committed to release $2.25 Billion to help California develop its own high speed rail system which will also be the first of its kind in the United States.

One of the interest groups in Tennessee is the victims of crimes and their families.  They are the same ones who will suffer the effect and trauma of the crime.  They are the same ones who will bear the physical and emotional scar of the crime committed by the offender.  The victims of crime may represent a small portion of the population but their voice reverberates through the local and state because of the sympathy they get from the rest of the state.  They create an impact in the community in the sense that the community wants to know what the state is doing to help alleviate the suffering of the victims of crime.  Because of their situation the State of Tennessee provides different kinds of services to them which include a sex offender registry database.  The database is a requirement of the law which mandates that all sex offenders shall upon release from prison register in a database any changes in their address so that the community where they live may be informed and alerted of their presence.  Though the requirement may appear to be violating the constitution, its constitutionality has been recognized by the Supreme Court.

Another interest group is the unemployed.  They are the individuals who are able-bodied and willing to work but could not find work due to lack of employment opportunities.  They represent a small portion of the population of the state which the state needs to help because of their obligation to provide assistance to the marginalized sector.  Without the necessary assistance from the government the unemployed and his family will suffer even more and may constitute a bigger burden for the state.

In other democratic countries, the voters go out and vote during the election day to express whom they want to lead the country.  It is a manifestation of the democratic process where the will of the people in choosing their leaders prevails.  In the United States, the choice of who will lead the country is chosen through indirect popular election known as the electoral college.  Under this process, the political parties in the State of Tennessee submit to the chief election official a list of electors who are pledged to their candidate that is equal in number to the state’s electoral vote. 

The relationship between the state and local government works like the relationship between the federal and state government.  The state government provides for the policies and the local governments assist the state government accomplish its goals and objectives.  The programs of the state government are communicated through the local governments which directly deal with the public.

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Essay on the Constitution of the State of Tennessee


The Constitution of the State of Tennessee outlines the relationship between the state and its people.  Just like any written constitution it embodies the rights of the people and the extent and limits of the authority of the state. One of its main articles is the Declaration of Rights.  It is embodied under Article I of the Declaration of Rights which enumerates the rights, liberties and freedom of the people (“The Constitution of the State of Tennessee, p.537).  It highlights right of the people which can be asserted against the state.  At the same time, the Declaration of Rights constitutes limitations of the authority of the government.  The Declaration of Rights basically points out that the government authority cannot exceed as to violate the Declaration of Rights.  It also implied states that if a government action intrudes or violates the existing right of the people then the government act may be declared to be unconstitutional for being in violation of the Constitution of the State of Tennessee.  For example, Article I Section 7 guarantees the right of the people against unreasonable searches and seizures.  This means that the government cannot order a warrantless search against an individual since it may be considered an unreasonable search which is in violation of Article I Section 7. 

The Constitution of the State of Tennessee also provide for the division of government powers into three branches.  These three branches are the Executive, Legislative and the Judicial Department which are co-equal departments.  These powers are specifically stated under Articles II, III and VI.  The main function of the Executive Branch is to implement the law.  The main function of the Legislative Branch is to enact, amend and repeal the law.  The main function of the Judicial Branch is to interpret the law.  The said sections delineate the extent of the authority conferred upon each of these three departments so that one department may not encroach upon the functions of another that will violate the sacred principle of Separation of Power.  Section II of Article II clearly states that a department may not perform the functions properly belonging to another department. This is based on the principle that “good fences make good neighbors.”  However, the State of Tennessee Constitution also provides for situations when one of the three branches may rectify the excesses or errors committed by the other branch.  For instance, if the Legislative branch passed a law that is deemed to be untimely the Executive Branch may veto the law (G.W. Copeland, 1983, p.696).  In the same manner, even if the Executive Branch signs an unconstitutional law, the Judicial Branch may declare the law unconstitutional. 

Since the United States follows the system known as federalism or a system of government where the powers between National Government known as the federal government and the states known as State Government are divided and shared, each of the states has its own state constitution.  Federalism is based on the principle of dual sovereignty by which the governmental powers and authority, functions, responsibilities and resources are distributed between the federal government and Regional Government.  Among the countries that follow this system is Canada.   In most cases, the constitution of the individual states is patterned after the United States Constitution.  However, there are situations when they may have different policies on different issues. Consider the issue of same-sex marriage which has brought major disagreements among the different states in the United States.  Some states allow same-sex marriages while some do not recognize it.  This will lead to a situation where the couple is considered validly married in one state while in some states they are not considered validly married (Dale Carpenter, p.1). 

In the state of Tennessee, the judicial system ensures that those who violate the law passed by the legislative department are punished for their transgression.  Its function also extends to the interpretation of laws as it is the branch which is the final arbiter on all questions of law.  If there is a need to interpret the law the judicial department settles all these questions.  The educational system provides for the policies that help ensure that the citizens of the state receive adequate training and education.  They make sure that the educational policies are sufficient to ensure an educated citizenry. 

The judicial and educational systems have both contributed to the attainment of the goals and objectives of the state.  However, these systems are not perfect and need to be improved.  For instance, there have been concerns raised about the growing number of inmates inside prisons.  The increasing number of inmates in prison is a significant concern considering that they drain the resources of the state government.  It is hoped that the State of Tennessee will not suffer the same fate as the State of California which already has one of the most populous prison population in the United States.  Perhaps, the state could look into its policies and instead of focusing on making the laws more punitive it should carefully look into other measures such as focusing on the protection of the family, community and the school which are basic institutions that can help deal with crime. 

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