According to the textbook the Constitution has three functions the first being to set up a structure for the federal government and rules for modifying the constitution, second provide powers for branches of the government and third to grant protections and liberties for United States Citizens from illegal or unlawful government practices. After understanding that the Constitution lays the ground work for the established legal system as we know it. Along with the guidelines that are followed lawfully ethics and values plays a role in how laws are followed and interpreted. Different laws address different issues and pertain to specific areas. Established laws are also implemented to safeguard citizens from harm, possible inequities and illegal behavior.
Constitutional law is a group of laws made to keep a good foundation and it gives an idea of the outcome of business. It deals with some of the fundamental relationships within our society and it keeps relationships rational. On the other hand, some state powers include High State Courts, State Courts of Appeals, State Trial Courts of General Jurisdiction and State Administrative Agencies. This also helps to keep a good structure. 2.
Role and Functions of Law Paper September 27, 2012 Esmeralda Herrera Law/421 Stanley Santire University of Phoenix To understand the roles and how laws function, people must understand the theory of law and how it affects society and businesses. Law is described as the main beliefs and system that is established by a community and is ordered by higher authority; it applies to the people within that community. It does not matter which form of law it is, if it is in the form of legislation, custom or policies laws are appointed and enforced by judicial decision. If laws were not available to follow, society would not function in the manner that they normally do because law
Locke would support these obligations of legislation. He believed that “the power of the legislative branch in the utmost bounds of it is limited to the public good of society.” (The Influence of Locke…) Locke would support the legislative branch because the laws they pass must be within the laws of nature and cannot restrict people’s rights. The power of the Executive Branch is given to the President of the United States, who also acts as head of state and Commander-in-Chief of the armed forces. The Presidents job is to pass and enforce the laws created by congress. He is also the commander and chief of the military.
The doctrine of parliament sovereignty has been regarded as the most fundamental element of the British constitution. It can be summarised in three points: that parliament has the power to make any law they wish; that no parliament can create a law that a future parliament cannot change; that only parliament can change or reverse a law passed by parliament. Parliamentary Sovereignty thus gives unconditional power to the Westminster Parliament. A.V. Dicey describes it as ‘the dominant characteristic of our political institutions',and ‘the very keystone of the law of constitution'.
The power of the Supreme Court to declare laws unconstitutional leads some people to assume that the judicial branch will be superior to the legislative branch. Hamilton examines this argument, starting with the fact that only the constitution is fundamental law. To argue that the constitution is not superior to the laws suggest that the representative of the people are superior to the people and that the constitution is inferior to the government it gave birth to. The courts are the arbiters between the legislative branch and the people; the courts are to interpret the laws and prevent the legislative branch from exceeding the powers granted to it. The courts must not only place the constitution higher than the laws passed by congress, they must also place the intentions of the people ahead of the intentions of their representatives.
Running head: Final Project Essay: 1) PA260-02: June 19, 2015 Unit 9 Assignment Kaplan University Final Project Essay PA260-02: Criminal Law Professor Wendi Cline Final Project Essay Introduction: Law- making, as practiced by both the legislature and the judiciary, carries implicit beliefs about human society. It is concerned about social organization, and the concepts of powers and rights are defined in the context of allocation of finite resources, and the less definable concepts of dignity, equality and entitlements. The law, maybe defined as the universal discipline of virtue impressed in the heart and mind of human beings to guide them in the exercise of their rights. In other words, it must be a choice which will prove to be correct in the light of the experience and inner convictions of the law- maker or the judge who interprets the law. 1).
Congressional oversight prevents waste and fraud; protects civil liberties and individual rights; ensures executive compliance with the law; gathers information for making laws and educating the public; and evaluates executive performance. It applies
The U.S. Constitution established each branch. The role of each branch is very different but each has its own issues that require moral decision-making. It is because of ethics and moral reasoning we have laws, and we continue to need ethics to refine and perfect our legal system (Ruggiero, 2008 pg. 8) Congress is the legislative part of our government, which includes the Senate and the House of Representatives (Truman Library, 2009). The primary role of the legislative branch is to create laws.
The first function would be to establish structure for the federal government (including qualifications for certain government offices) and rules for amending the constitution (Melvin, p. 4, 2011). For Example: In the Cipollone V. Liggett case the company had gone through two federal laws before advertising their product. The second function would be granting specific powers for the different branches of government (Melvin, p. 4, 2011). By granting each branch specific powers, it helps each branch focus on what needs to be done. The last function is providing procedural protections for the United State citizens from wrongful government actions.