Constitutional, Statutory, Administrative, and Common Law The greatest legal document ever to be written is the United States Constitution. The constitution is ultimately a series of power compromises and is the foundation of common law. Merriam-Webster defines common law as " the area of law that has to do with the subject matter and with the interpretation and construction of constitutions or that deals with the nature and organization of government" (Constitutional Law). Cases involving constitutional law are heard by the United States Supreme Court where judgment is based on the U.S. Constitution. Of the various different articles seated in the constitution, three of them describe a system of checks and balances dividing the national government into three branches. This is also called separation of powers (Beatty, Samuelson, Bredeson 57). Article I refers to the legislative branch and creates the Congress, who is in charge of making laws. Congress is divided into two houses, The House of Representatives, which is created to have equal ratio of the particular states population, and the Senate. Each state has two senators regardless of its population. Congress is able to decide on many different things. They make decisions regarding the spending of money, taxes, creating copyrights, and even declaring war. Congress also has the ability to regulate trade between states. This is through what is called The Commerce Clause, “The Congress shall have power to regulate commerce with foreign nations, and among the several states”, says our Constitution (Beatty, Samuelson, Bredeson 58). Article II of the Constitution refers to the executive branch. This branch is charge enforcing our nation's laws. Here, the president is at the top of... ... middle of paper ... ...er to adjudicate a case, or hear about a case and then decide on it. These types of cases do not involve as many parties to reach decision. Criminal cases for example, typically involve a plaintiff, defendant, a lawyer for each party, a judge, and a jury. Administrative law cases do not have a jury. A judge will then make a decision after all evidence is reviewed. If the party is not pleased with that decision may appeal the case. From there, it is heard by an appellate board. If the party is still displeased, they can request that it be appealed a second time and it is then moved to federal court (Beatty, Samuelson, Bredeson 68). Regardless of where power is stored, no law trumps the United States Constitution. This separation of powers within our government allows for each branch to act as a check to the other, allowing no one branch to ever have complete power.
The Articles of Confederation was the nation’s first Constitution. The articles created a loose Confederation of independent states that gave limited powers to the central government. Each state would have one vote in the House of Congress, no matter the size of the population. Members of the one-house Congress, such as Pennsylvania, agreed that the new government should be a unicameral legislature, without an executive branch or a separate judiciary. Under the article, there wasn’t a strong independent executive.
Each branch is given specific powers and responsibilities, many of which overlap. However, “it is clear, when push comes to shove, that Congress can trump the other two branches” (14). Congress struggles to keep its head above the water when communicating with the other branches. Article One of the Constitution is about the Legislative branch and is twice as long as Article Two, which is about the Executive branch. In contrast, Article One is four times as long as Article Three, which is on the judiciary. The Framers of the Constitution did this to make it “clear that Congress was to be first among equals of the three branches” (14).
The Constitution's bestowing of executive power to a single president by Article II of the United States Constitution
Common Law vs. Political Law vs. Scientific Law Americans are no longer aware that there are two kinds of legal systems, political and scientific. America was founded on principles of scientific law. But these principles have now been submerged in today's legal system. What is taught today as law is political law. To understand the difference between a scientific legal system and a political one, it is necessary to know that scientific law developed in the absence of any legislature or Congress or Parliament whatever.
Article 2: Reckless disregard for the principle of separation of powers, and specifically disregarding the authority of the Supreme Court.
Our Constitution establishes three branches of government and defines their very existence. The reason for the three branches is to separate the powers. The phrase “separation of powers” isn’t in the constitution, but it best explains the intention of the Constitution. It is essential that the assignment of lawmaking, enforcing and interpreting be spread out among the separated powers to ensure that all power doesn’t fall into the lap of one group, or even a power-hungry individual. The powers of which I’m speaking that were intentionally separated by way of the Constitution are the Legislative Branch, Executive Branch and finally, the Judicial Branch.
The Articles of Confederation set up a government that consisted of a one house body of delegates, with each state having a single vote, acting collectively, could make decisions on certain issues that affected all states. There was no president or judiciary so any decision required nine of the thirteen states’ votes. At this point in time the United States of America ... ... middle of paper ... ... o consider the charms of liberty as imaginary and delusive.”
The Constitution bestowed essential powers to the nation, without which, America would crumble. Under this newly created document, three different branches of government were created: the judiciary, the legislative, and the executive. The legislative was composed of Congress, which now had the power to create a military, control interstate and international commerce, and create laws. The Judicial branch was the Supreme Court, which would review the decision of the President (in the executive branch...
Before the adoption of the United States Constitution, the U.S. was governed by the Articles of Confederation. These articles stated that almost every function of the government was chartered by the legislature known as Congress. There was no distinction between legislative or executive powers. This was a major shortcoming in how the United States was governed as many leaders became dissatisfied with how the government was structured by the Articles of Confederation. They felt that the government was too weak to effectively deal with the upcoming challenges. In 1787, an agreement was made by delegates at the Constitutional Convention that a national judiciary needed to be established. This agreement became known as The Constitution of the United States, which explicitly granted certain powers to each of the three branches of the federal government, while reserving other powers exclusively to the states or to the people as individuals. It is, in its own words, “the supreme Law of the Land” (Shmoop Editorial Team).
Constitutional law – body of law that includes guidelines and rules used to ensure the correct meaning of the constitution. This law also governs the actions set by the United States Constitution. (Wikipedia, 2014)
There are three branches of the federal government, the executive, the judicial, and the legislative. The executive branch consists of such people as the president, the cabinet, and the executive offices of the president. The executive branch is known for enforcing laws created by the legislative branch. The judicial branch entails the United States Supreme Court and the Federal Judiciary. The judicial branch must review the laws the executive branch is to enforce. There is also the legislative branch. This branch contains the United States House of Representatives, the United States Senate, and the Library of Congress. Laws are created through the legislative branch.
The Constitution is responsible for establishing and distinguishing the powers of the presidency, Congress, and the court system. It says that each state must acknowledge the laws of other states and that the Constitution is the supreme law of the land. The Constitution is made of seven articles and twenty-seven amendments
Article II is establishes the second branch out of the three branches of government, the executive branch. Establishes the office of the President and Vice-President, their terms are four years. The president would be elected by the most votes, and the Vice President had the second most votes, it was changed later on. The president must be at least 35 years old, and been born there as a resident of the United States. The president can pardon criminals, make treaties, and choose judges and other government officials, but with the approval of the senate. It discusses the process of impeachment for those who “treason, bribery, or other high Crimes and Misdemeanors. Article III discusses the last branch of government, which is the judicial branch.
The Constitution is the greatest document in American history. It has pushed for progressiveness and equality. The Constitution is basically the supreme law of the United States. The Constitution was written to organize a strong national government for the American states. Before the Constitution, the nation's leaders had established a national government under the Articles of Confederation. The Articles gave independence to each state; the states lacked authority, the ability to work together, and to solve national problems. The U.S. Constitution established America's national government and fundamental laws, and guaranteed certain basic rights for its citizens using five big ideas and this shaped today's America.
The first article of the Constitution makes up the legislative branch also called Congress. Congress has 535 members end it is split into two parts; these two parts are the House of Representatives and the Senate. There are 2 senators per states and these represent the states. The house of representatives represent small areas within the states called districts and there are 435 members. The six functions of the congress include; lawmaking, constituent services, representation, oversight, public education and conflict resolution.