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Strtenght of functionalism
Strtenght of functionalism
Strtenght of functionalism
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In the U.S law there are five basic sources of law, which will be discussed in this context. The primary sources of the American law are constitutional law, administrative law, common law, statutory law and treaties. “Most U.S. law consists primarily of state law, which can and does vary greatly from one state to the next”(Boundless). The U.S law derived from the English law, but has separated away from it and has incorporated a number of civil innovations. Each of these five sources of U.S law plays an essential role into the making of our law system. With that being understood we will take a deeper look into each source of law exclusively and see what they contribute.
First, we are going to look at constitutional law. Constitutional law is a very broad source of law that deals with clarification and enactment of the United States Constitution. “As the Constitution is the foundation of the United States, constitutional law deals with some of the fundamental relationships within our society”(Cornell Law). These relationships include the affiliations between the three branches of government, which are legislative, executive and judicial. Other relations in constitutional law can be interactions between both state and federal government. Two important parts of constitutional law are both judicial review and the Supreme Court. “Judicial review is the idea, fundamental to the US system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by the judicial branch”(Cornell Law). Judicial review makes sure that the three branches of government plays by the “rules”, and judicial review also allows opportunity for a fair ruling. The Supreme Cou...
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...usion, we can all agree that all five of these sources contribute to the U.S law in similar yet distinctive ways. This is where functionalism plays a part in the U.S law, because we need each of these precise laws to help function in a proper matter. These laws help define the authority and structure of the U.S law. Having these five certain laws serves as a purpose to help ensure the existence of suitable order, also they provide resolutions to conflicts and provide a safe haven for individuals and they assets that they acquire.
Works Cited
"Common Law." Merriam-Webster. Merriam-Webster, n.d. Web. 10 Mar. 2014.
"Constitutional Law." LII / Legal Information Institute. N.p., n.d. Web. 10 Mar. 2014.
"Primary Sources of American Law: Constitutions, Statues and Administrative Regulation, and Case Law." Boundless. N.p., n.d. Web. 10 Mar. 2014.
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
The court determines whether on not an action is constitutional or not through the process of judicial review. Not only do they keep the Legislative and Executive branch in line, they keep other courts in line. Many and very few cases require the Supreme Court to review and overturn decision. Example are the Miranda v. Arizona cases where the police was in the wrong by violating Miranda’s Fifth and Sixth Amendment therefore ruling in Miranda’s favor. Also the Weeks v. United States case was an example of the Fourth and Fifth Amendment being violated was again ruling in the defendent’s favour. Finally, the Plessey v. Furguson case was a little different really displaying the courts power to interpret laws and ruling in the prosecuter’s favour. The Judicial Branch is certainly not the weakest branch and has a more important role than many people
" Schenck v. United States. Chicago-kent College of law , n.d. Web. 6 Jan. 2014.
September 17, 1787, Philadelphia, Pennsylvania; during the heat of summer, in a stuffy assembly room of Independence Hall, a group of delegates gathered. After four months of closed-door quorums, a four page, hand written document was signed by thirty-nine attendees of the Constitutional Convention. This document, has come to be considered, by many, the framework to the greatest form of government every known; the Constitution of the United States. One of the first of its kind, the Constitution laid out the frame work for the government we know today. A government of the people, by the people, and for the people; constructed of three branches; each branch charged with their own responsibilities. Article one established the Congress or Legislative branch, which would be charged with legislative powers. Article two created the Executive branch, providing chief executive powers to a president, who would act in the capacity of Commander in Chief of the Country’s military forces. The President of the United States also acts as head of state to foreign nations and may establish treaties and foreign policies. Additionally, the President and the departments within the Executive branch were established as the arm of government that is responsible for implementing and enforcing the laws written by Congress. Thirdly, under Article three of the Constitution, the Judicial branch was established, and consequently afforded the duty of interpreting the laws, determining the constitutionality of the laws, and apply it to individual cases. The separation of powers is paramount to the system of checks and balances among the three branches; however, although separate they must support the functions of the others. Because of this, the Legislative an...
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.
The United States of America is one of the most powerful nation-states in the world today. The framers of the American Constitution spent a great deal of time and effort into making sure this power wasn’t too centralized in one aspect of the government. They created three branches of government to help maintain a checks and balance system. In this paper I will discuss these three branches, the legislative, the executive, and the judicial, for both the state and federal level.
Gunther, G. (1991). Constitutional Law. Twelfth Edition. New York: The Foundation Press, Inc. pp. 1154-1161.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
October 5, 2013 in Cornell Law. CRS/LII Annotated Constitution of the United States. Cornell University Law School, Inc. 2013. The. Web. The Web.
Jost, Kenneth. "The Federal Judiciary." CQ Researcher 8.10 (1998). CQ Researcher. SAGE Publications. Web. 01 Mar. 2011. .
The Constitution was the first stepping stone in the national sovereignty of the United States. It is the supreme law that has been valued and upheld since its ratification in 1787. It holds the rights and freedoms of all Americans and gives structure to the government. To uphold this structure, the judiciary branch was established, alongside the legislative and executive, by the Constitution. However, the judicial branch did not always have the power and influence it does today. Because of the 4th Chief Justice, John Marshall, the Supreme Court eventually gained the power and ability to become coequal to the legislative and executive branches. John Marshall’s establishment of Judicial Review in the Supreme Court and his strong federalists
"Article III, Constitution of the United States." History of the Federal Judiciary. N.p., n.d. Web. 3 Mar. 2014. .
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it