Which of the following constitutional principles best explains why there is variation among states on the use of capital punishment?

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Question restatement: Which constitutional principle best explains why there is variation among states on the use of capital punishment?

Option 1: Federalism. This principle holds that government power is divided between national (federal) and state governments. Because states retain significant autonomous authority, they can adopt different policies and practices, including whether and how to implement capital punishment. The variation across states in capital punishment statutes and how they administer it is a classic manifestation of federalism in action.

Option 2: Checks and balances. While checks and balances describe how the three branches within a government limit each other, this concept mainly explains internal federal governmental power dynamics (legislative, executive, judicial) rather than differences among states in a national policy area like capital punishment.

Option 3: Separation of powers. This principle concerns the allocation of governmental powers among the branches within a government. It does not inherently account for differences in state policies, since it focuses on the internal distribution of powers rather than interstate policy variation.

Option 4: Judicial review. Judicial review is the power of courts to declare laws or executive actions unconstitutional. Although it can influence capital punishment by striking down or shaping bans and procedures, it does not by itself explain why states differ in their use of capital punishment across the country.

In sum, the distinctive state-by-state variance in capital punishment policies aligns best with federalism, because power is distributed between the national and state governments, allowing states to craft their own laws and practices.

AP GOV Test - Constitution/Federalism

Which of the following constitutional principles best explains why there is variation among states on the use of capital punishment?

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