• Federalism is a system of government where power is constitutionally divided between a central governing body (the federal government, for example) and various constituent units (the states).

• The legality principle holds that there is no crime without a law prohibiting it and specifying the potential punishment.

• The problem with legality is that the criminal law struggles to keep pace with new and emerging types of harmful behavior.

• Lenity requires that the courts construe a statute as favorably as possible to the defendant.

QUESTIONS:-

1. How do the separation of powers and federalism place limitations on government’s law-making authority?
Be specific.
2. Explain the principle of legality.
3. What is lenity? How does it place limitations on the criminal law?