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

Question

BlackTom AI · Accepted Answer

We begin by identifying the core concept in play: why states differ in their capital punishment practices.
Option 1: checks and balances. While this principle describes the distribution of power among branches of government to prevent tyranny, it does not directly address why states would diverge in criminal punishment laws across the federation.
Option 2: Federalism. This is the idea that power is divided between a central national government and individual states. It directly explains variation across states because states retain significant authority to determine criminal statutes and procedures, leading to differing capital punishment rules and practices.
Option 3: separation of powers. This concept concerns the division of government responsibilities among legislative, executive, and judicial branches within a government. It explains institutional structure at the national level but not the interstate variation in punishment policy.
Option 4: judicial review. This is the power of courts to declare laws or actions unconstitutional. While important for constitutional governance, it does not by itself explain why states adopt different capital punishment regimes.
In summary, the variation observed among states in capital punishment practices aligns best with Federalism, since state governments have constitutional authority to set their own criminal laws and procedures, resulting in diverse implementations across the country.

AP GOV Test - Midterm

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

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