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September 24, 2012

Essay Paper on Creation of United States Law

The Creation Of United States Laws
            The evolution of law dates back to the time when the societies were established. Even at the time there were no courts and the legislatures, law was present. At that time the form of law was merely a limited one and thus was a combination of magic, religion morality, and custom. The males were the visible authority and thus they were provided the responsibility to be the ruler or the chief. They were to given authority to punish or deal with the person offending and passed down a punishment (Friedman, 2005).

            Law on the international level is dependent on a states acceptance to be subject to the enforcement of laws. States must be willing to subject themselves into the international legal process. In law, there is no single enforcement mechanism, which sometimes causes individuals to question its validity. They question whether law is a fundamental requirement of a modern, increasingly independent, global system of states and non-state actors. They question whether law hinders and constrains them to pursue their self-interest. It is because of globalism, that law has become a fundamental requirement. Over a number of years, the system of Law Enforcement within United States has changed drastically (Friedman, 2005). The American Law evolved from the laws of the British. Today the law has undergone many changes because of the advent of the technology. It is all because of the technological advancement that the rate of corruption within has gone down to a great extent. The ideas of modern policing have also provided a huge amount of support to the enforcement of law. Besides the men, today women are also playing a pivotal role in the enforcement of law.
            The law of United States is the combination of codified as well as uncodified forms of laws or the levels. The law of United States is dependent upon the Constitution of United States. The purpose of the constitution is to provide the federal law with its boundaries. The Constitution comprises of common law initiating from the judicial system, constitutional ordinations promulgated by the executive office of the president, and the constitutional accords and enactments signed by the Congress  (Bergman & Berman, 2009). The Constitution and federal law are the sovereign jurisprudence, thus pre-empting contradictory territorial and nation laws in the 50 states and territories of U.S.
Nevertheless, the range of federal pre-emption is a restricted one as the range of federal power itself to some extent is a bounded one. The American federalism is a unparalleled twofold-autonomous system of American federalism. Surely, states may allow their nationals more liberal constitutional rights than the federal Constitution provided that they do not conflict on any federal civil liberties. Hence, mainly U.S. law comprises chiefly of law of the state, which can and does change to an extraordinary extent from state to state.

Sources of law

            The origin of the law of United States took place from the four sources. These are common law (which includes case law), statutory law, administrative regulations, and the
Constitutional law. The Constitution is considered as the most important source of law. Other laws act as a subordinate to the United States Constitution and thus can’t be on the contrary with the Constitution. Where Congress ordains a statute conflicting the Constitution, the United States Supreme Court can find that law not according to the constitution and adjudge it un-acceptable.

State law

            The 50 states of America have their own rules and regulations and thus are termed as separate. They continue comprehensive power to make laws applying anything not pre-empted by the international treaties ratified by the federal Senate, federal statutes, or federal Constitution. Generally, supreme court are the conclusive spokespeople of state law and constitutions, except their interpreting demonstrates a federal matter, in which case a result may be attracted to the United States Supreme Court by way of a request for certiorari (Herrmann, 2008).

Procedural law

In a traditional manner, attorneys differentiate amongst adjective law (which ascertains the process adopted by parties and courts to lawful examples) and essential jurisprudence (which is what most people think of as law). Successively, procedural law is separated into civil and criminal procedure.

The U.S. has a dual court structure. To be exact, we have a federal judiciary system and the systems that are operated by each of the states. This dual court structure is a unique feature of the American judicial system. Although most cases are tried in state courts, the federal court is playing a larger and larger role in finding resolutions to disputes. Partly, this is because congress in recent years has enacted a range of new laws that grant citizens access to federal courts.


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