blog




  • Essay / Constitutional, statutory, administrative and common law

    Constitutional, statutory, administrative, and common lawThe greatest legal document ever written is the Constitution of the United States. The constitution is ultimately a series of compromises of power and forms the foundation of common law. Merriam-Webster defines common law as “that area of ​​law which concerns the subject and interpretation and construction of constitutions or which 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 articles in the constitution, three of them describe a system of checks and balances dividing the national government into three branches. This is also called the separation of powers (Beatty, Samuelson, Bredeson 57). Article I refers to the legislative branch and creates Congress, charged with legislating. Congress is divided into two chambers, the House of Representatives, created to have an equal ratio of the population of each state, and the Senate. Each state has two senators regardless of its population. Congress is able to decide many different things. They make decisions about spending money, taxes, creating copyrights, and even declaring war. Congress also has the power to regulate interstate commerce. This is done 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 responsible for enforcing the laws of our country. Here the president is at the top of...... middle of paper ... uh to judge a case, or hear about a case and then decide it. These types of cases do not involve as many parties to reach a decision. Criminal cases, for example, typically involve a plaintiff, a defendant, an attorney for each party, a judge, and a jury. Administrative law cases do not have a jury. A judge will then make a decision after reviewing all the evidence. If the party is not satisfied with this decision, they can appeal the case. From there, it is heard by an appeals committee. If the party is still unhappy, it can request that it be appealed a second time and the case is then transferred to the Federal Court (Beatty, Samuelson, Bredeson 68). Regardless of where power is stored, no law trumps the Constitution of the United States. This separation of powers within our government allows each branch to act as a check on the other, allowing no branch to ever have complete power..