Final answer:
The primary sources of criminal law include the Constitution, statutory codes, administrative regulations, and common law. The U.S. Constitution limits criminal law by establishing individual rights and federalism, balancing power between federal and state governments.
Step-by-step explanation:
Primary Sources of Criminal Law and Constitutional Limitations
The primary sources of criminal law in the United States are constituted by the U.S. Constitution, statutory codes (laws passed by legislatures), administrative regulations, and common law (court decisions). The Constitution itself is the supreme law of the land, creating the framework for the federal government and delineating the powers of its various branches. Statutory codes are the laws enacted by Congress or state legislatures, which define prohibited behaviors and the consequences for them. Common law evolves through judicial decisions that interpret statutes and legal principles.
The U.S. Constitution limits criminal law in several ways. It establishes individual rights and protections, such as the right to a fair trial, the right to be free from unreasonable searches and seizures, and the prohibition against cruel and unusual punishment. These rights are primarily outlined in the Bill of Rights (the first ten amendments) and subsequent amendments. Additionally, the Constitution introduces the concept of federalism, which is the distribution of power between state and federal governments. This ensures that criminal law is not solely the domain of the federal government, preserving a balance where states can govern themselves in accordance with both federal standards and their own state constitutions.
Over time, federalism has evolved, and the balance of power between the state and federal governments has been a dynamic aspect of American jurisprudence. Power and responsibility are distributed and limited by the Constitution to prevent one branch of government from becoming too powerful and to ensure that individual rights are protected.