...1- INTRODUCTION: A Constitution consists of those fudamental rules which determine and distribute functions and powers amoung the various organs of the Government, as well as determine the relations of the governing authroties with the people. The Constitution of the U.S. sets forth the nation's fundamental laws and is the Supreme Law of the land. 2- SALIENT FEATURES OF U.S. CONSTITUTION: Following are the Salient features of U.S. Constitution. (I)WRITTEN: American Constitution is in written form. It is very brief Constitution, originally consisted of preamble and seven Article but now 26 amendments have been made in it. (II)ENACTED: U.S. Constitution is and enacted constitution given by the convention in Philadephia and officially adopted on March 4, 1789. (III)SOVERIGNTY OF THE PEOPLE: the preamble of the U.S. Constitution laid emphasis on the sovereignty of the people. It starts with the words. "We the people of the United States". Which clearly indicated the soverignty of the people. (IV)SUPREMACY OF CONSTITUTIONAL LAW: The Constitution of U.S. is the basic law of the country to quote Constitution itself. "This Constitution and the laws of the United States which shall be made in pursuance there of ............ shall be the Supreme Law of the land. (V)CONVENTIONS: Conventions played an important role in the development of the Constitution and they are also the basic featur of the U.S. Constitution e.g. the growth of the cabinet of the American President is the...
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...be used as a reference and introduction for employees who have had no prior experience in dealing with the legal department and have no knowledge of the law and legal concepts our company must deal with. As a new manager in this department I want you all to feel free for to come to me with any questions you may have as we all work towards becoming more efficient and aware of our company’s legal aspects and obligations. In order to fully understand the role laws play into our environment I will describe some basic laws and their purpose in business and how they apply to what we do here and how we do business nationally. American Law Before we get to deep into law in America it is necessary to understand how it came about and what it stands for. American Law is based on English Law because they were the founders of the original colonies but today modern law derives from constitutions, treaties and federal statutes (Cheeseman). Constitutions are the fundamental laws our nation is made of, treaties are the agreements we hold with other nations and states and federal statutes are laws enacted by legislatures for governing the people. These make up the material body of law here in America. It is important to note that the Constitution of the United States of America is what we are governed by. Three separate branches make up our government, Congress, the President and the courts (Cheeseman). Congress makes the laws, the President enacts the laws and the courts apply them...
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...The Structure of the American Legal System I. The purpose of this paper is to describe the organization and structure of the American legal system by defining the roles of the federal and state governments as follows; The role of the federal government, the role of the state government, the shared roles of the federal and state government, the Supremacy Clause, and what happens when there is a direct conflict between federal and state laws. II. Role of the Federal Government Over two hundred years ago, our founders designed the United States to be governed under a system of federalism. The Cornell University Law School defines federalism is a system of government in which the same territory is controlled by two levels of government (2014). Specifically, in the U.S. the two levels of government are the federal or national level, and the individual state level. The creation of this system was deliberate as to eliminate the opportunity for any one person, and or branch of government, from having too much power over the country; consequently undermining the system of democracy as a whole. a. The national level of authority is known as the federal government, and has powers over the nation as a whole. The federal government is given express powers, of specific design, from the constitution itself. However, the branches of the federal government are also afforded the opportunity to interpret those powers in each circumstance that may arise, these are implied...
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...but there is sharing of command between the governments at national and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson/Diiulio/Bose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States as an integrated nation brought changes to the system. Federal government evolved following the creation and implementation of the United States Constitution. The state governments were not abolished with the conference that states will partially lose their sovereignty or independence. (Wilson/Diiulio/Bose,2014) American Federalism ever since then has been observed constitutionally conceding the national and state governments to apply their exclusive powers but also mandatory to share in other powers. For example, the power to print money, declare war, enter treaties with international government, and handle international affairs has been settled to the federal government (Longley, n.d.). The states could no longer run their own monetary system, declare war, or handle international activities beyond their granted power. The state...
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...being said, I do not believe in "victimless crimes" such as drug trafficking, drug use, and prostitution. Victimless crimes such as gambling, homosexual acts, and sodomy should be guided by the 10th admendment. The 10th amendemnt pretty much states that the power not granted in the constitution by the U.S. is up to each individual state to make it a law or not. This is good because each states sees "victimless crimes" differently. The Constitution has more of a commutarian view on "victimless crimes". The situation in this discussion says that some victimless crimes were prostitution, drug trafficking, and drug use. These three examples are illegal in every state. I do not believe the constituion supports these acts. People are arrested everyday for these reasons and it is for our protection. If it were up to people to decide wether or not to do this there would be more prostituion, more drug use and more drug trafficking. This would cause higher spread of diseases and crime rate. "the use of illegal drugs is often associated with murder, rape, robbery, aggravated assoult, burglary, theft, serious motor vehicle offenses with dangerous consequences, arson and hate crimes." (ncadd.org) The Constitution was made to protect us and it is soing so by having a commutarian view on "victimless crimes." "Clearly, a reduction in the extent of drug addiction should lead the to a reduction in crimes against property." (Cochran,...
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...LPS Midterm Introduction Kerr (51) reveals that a legal opinion is very important in any judicial system. In the event that there are conflicts between two individuals which lead to a court case, the lawyers for both the defendant and the complainant are allowed to interpret some laws that are oftentimes unclear and ambiguous in a manner that suit their arguments. The judges that presiding over the court cases are, thus, expected to have great discernment and an in-depth understanding of the US Constitution. This is so as to assess who, between the two lawyers, is right and, consequently, make a ruling that is as fair as possible. The Constitution of the United States of America is comprised of a set of legal decrees with different geneses. Some of the laws therein were passed by the American parliamentary body while others came to be as a result of the establishment by elected representatives in the different American states. In addition to these two sources of laws and constitutional interpretation, there are others that are also applied by judges. These include the natural law, the implications of alternate interpretations, as well as the text and structure of the American Constitution. As will be indicated in this paper, the manner by which the US Constitution is interpreted has undergone transformation over the years. This is a normal occurrence since public policies are always being altered, modified, changed or completely abandoned for fresh ones perceived to be more...
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...1. Provide three (3) examples of how federalism has evolved from its origins to the American political system in place today Top of Form | | Bottom of Form 2. Examine three to five (3-5) factors that have allowed the concept of federalism to shape American political behavior 3. Discuss at least two (2) factors that illustrate how the relationship between the states and the U.S. federal government influences the creation of American policies overall 1. Provide three (3) examples of how federalism has evolved from its origins to the American political system in place today. Federalism defines a concept contrary to the federal government that takes all the authority of control. Federalism implies division of command among the levels of government. The central government does not take full control of the relationships of the nation but there is sharing of command between the governments at national and state levels. The Federal association has members from diverse groups represented by their heads and leaders and are held together by a required covenant. (Wilson, Diiulio andBose,2014) Before the political system was in place today, the colonies was later formed the United States have their own government and political system based on the traditions and culture of its citizens. Before the alliance, every state exercises its own command governed by laws unique to its citizens that may be not practically relevant to the other states (Bohm & Haley, 2007). The birth of United States...
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...by both federal and state governments. (Banker, 2010, p. 16) Each government plays a role in the structure of the American legal system. Federal government has power over all fifty states, while state government only has the power within their own boundaries. The power of the state government can only make laws that doesn’t conflict with the federal government. Each government has their own organization that they follow that makes the American legal system. The federal government consists of three branches: legislative, judicial, and exective. Within our legal system each branch of government plays a distinctive role that doesn’t over power the other branches due to checks and balances. The legislative branch consists of congress which writes the laws. The judicial branch consists of the Supreme Court that interupts the laws. The exective branch is the president and the president’s cabinet that enforces the laws. (Banker, 2010, p. 22) The federal government is granted express and implied powers. Express powers are granted to congress and spelled out in the U.S. Constitution. Implied powers are regulated powers that are derived from the express powers. Congress has the right to regulate such matters as coining money, establishing post offices, and to make all laws necessary and proper for carrying out delegated powers. (Banker, 2010, p.16). “The U.S. Constitution establishes and defines the role of the federal government and its relationship to the people of the United States”...
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...years of the United States, one may analyze why Anti-Federalists were against the Constitution because the Constitution is the most important document of the United States. It was quite simple; there wasn’t a bill of rights drafted in the original copy. Without a bill of rights, the people would never be aware of their unalienable rights and the power and roles of their government. Patrick Henry said, “The liberties of a people never were, nor ever will be, secure when the transactions of their rulers may be concealed from them,” at the Convention of Virginia in June 1788. He was trying to convey a message that showed the importance of citizens having their rights listed, so the government would never be able...
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...Advanced Criminal Justice Unit 5 IP Tracey Percifield American Intercontinental University July 10, 2011 Advanced Criminal Justice 5 IP ABSTRACT The three branches of the Criminal Justice System uphold the law that is set by our Constitution and allows Congress to carry out and enforce federal laws while allowing the states to set laws and uphold and enforce them. The court system is designed to carry out certain functions and responsibility to create a balancing power between them. INTRODUCTION The Constitution holds the grounds and forms a base for power to be distributed equal by Congress and gives the standard that all people will adhere and live by. The Constitution also protects our rights from being violated by the Justice System. The police, courts and corrections serve for mandating the law, upholding the law and carrying out sentencing for the law. These three branches are important and the functions that they fill serve the purpose of the Constitution. THE THREE BRANCHES OF THE CRIMINAL JUSTICE SYSTEM Policing and the law has been around since the sixteenth hundred eras and King Louis XIV started law enforcement in Paris-France and has changed how it functions and operates over decades but giving us the foundation of law enforcement and the justice system we have today. When establishing the newly founded North America of the United States and as it was starting to form colonies law was needed to enforce and maintain order. The Founding...
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...How the Framing of the Constitution Shaped Work in America The Constitution of the United States of America is the overall supreme law for the US Government. The constitution was adopted on September 17th, 1787 by the Constitutional Convention in Philadelphia Pennsylvania and is considered the framework for our government and its relationship between the states and its people (Wikipedia). The Constitution is called the “Sheet Anchor” or “Lighthouse” and ensures Life, Liberty, and Pursuit of Happiness and also serves to protect property rights as well (Beard C. A., The Living Constitution, 1936). With that being said, how did the framing of this document shape the working life in America? Working life in America was shaped by the framing of this document by shifting how work is defined in the colonies based upon need the need for workers to establish more rights and further independence. Since the Constitution was framed and certain amendments were added there have been many disagreements to the actual meaning of the document. There was a widespread perception in the 20th century that the Constitution was framed to represent American Society. That our Founding Fathers acted out of idealism and the laws were established with the best interest of the colonies in mind. It wasn’t until 1913 when Economist, Charles Beard proposed a different scenario. Beard suggested that the Constitution was and economic document that was established for the reorganization of the claim of...
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...How a Law Becomes a Law LEG 215 Legal Research and Writing May 4, 2015 Laws are rules that govern human behavior and are always enforced by the authority of the state. The constitution, legislation and the common law are the sources of authority in which Americans can legislate. The Supreme law of the land is The Constitution. Most of the states in the United States have their own constitution and own body of case laws, but The United States Constitution and the Bill of Rights are the American’s Law foundation. (Stone,1936). Another source of law is common law. It’s always called the judge made laws that is developed based on stare decisis doctrine. This is law developed in the England and brought into the United States. It is actually law developed by judges of the United States and England. This may take the form of a precedent which makes a decision from a superior court to be binding over the same issues that are raised. It can also be through stare decisis in order to promote certainty and predictability of the law (Act, 2002). Administrative law is also a source of authority to legislate. This is always the law that is created by administrative agencies that are formed by the legislature. The laws that are made always have the same effect as those made by the state. The administrative law can be either fall into the administrative category and regulatory (Act, 2002).Administrative agencies effect government programs while...
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...Law Opinion ‘“Nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced.” Albert Einstein The United States Constitution has been serving as the foundation for the United States government since 1787, and the U.S. constitution is viewed as the “supreme law of the land” (law.jrank.org, n.d.). Laws have been created as a result of Congress and state legislature and follow a strict and thorough process in order to be approved as a law. Common law is present in our modern system and makes up most of our basic laws in the United States. The Supreme Court, which was created in 1790 through the United States Constitution accompanied by the Judiciary act of 1789, is the highest court in the United States. Generally, the system that the United States use today adopted the structure of Europe. Throughout history, Britain has had a significant part in the structure of the American legal system as well as the law created in the United States. Laws As briefly discussed in the introduction, the United States Constitution is the ultimate law of the land, and any laws created falls under the U.S. Constitution without contradiction. There are three branches of the government that deals with the laws, which are the executive branch, the legislative branch, and the judicial branch. The executive branch ensure “that laws are carried out and enforced to facilitate such day-to-day responsibilities of the federal government...
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...Native Americans (Read this for quiz 1) “ The First Americans” (Not a link…go to the assigned website) European Society (Read this for quiz 1) Colonial Era/Exploration and Discovery The Significance of 1492 European Commercial and Financial Expansion Slavery and Spanish Colonization The Meaning of America The Black Legend Colonial Era/17th Century (Read below for quiz 1) European Colonization North of Mexico Spanish Colonization English Settlement Colonial Era/17 century (Read below for quiz 2) English Colonization Begins Life in Early Virginia Slavery Takes Root in Colonial Virginia Founding New England The Puritans The Puritan Idea of the Covenant Regional Contrasts Dimensions of Change in Colonial New England The Salem Witch Scare Slavery in the Colonial North Struggles for Power in Colonial America Diversity in Colonial America The Middle Colonies: New York Fear of Slave Revolts The Middle Colonies: William Penn’s Holy Commonwealth The Southernmost Colonies: The Carolinas and Georgia Colonial Administration (Read below for quiz 2) No readings th Road to Revolution (Read for quiz 3) Colonial America/18th Century The The The The The The Emergence of New Ideas about Personal Liberties and Constitutional Rights Great Awakening Seven Years’ War Rise of Antislavery Sentiment Fate of Native Americans Road to Revolution American Revolution (Read for quiz 3) Entire Chapter on American Revolution Introduction Why should we care about the American Revolution? Why did the American Revolution...
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...Purpose Paper David Kinlock CJA/224-Introduction to Criminal Courts Systems July 13,2015 Professor Austin Zimmer Court History and Purpose Paper The court is an intricate part of the American criminal justice system because they decide what happens to people charged with violating the law. This paper will describe what a court is and its purpose; define the dual court system, describe the role that the early legal codes, the common law, and precedent played in the development of courts. Finally, I will identify the roles of the court in the criminal justice system today. Court is a place where justice is administered; a judicial tribunal duly constituted for hearing and determination of cases; a session of judicial assembly. According to the U.S. Justice Department court is defined as “an agency or unit of the judicial branch of government authorized or established by statute or constitution, and consisting of one or more judicial officers, which has the authority to decide upon cases, controversies in law, and disputed matters of fact brought before it.” There are two divisions of the American court system- civil and criminal courts. Civil court is a court of law in which civil cases between private parties are tried and determined. Criminal courts has jurisdiction to try and punish offenders against criminal law. The purpose of the court is to provide a forum to resolve disputes and to enforce laws in a fair and rational manner. There are four ultimate...
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