The Case Of The American Legal System

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The question “what is law?,” is important to understand law and to the extent to which particular institutions have been accorded power to “make” or “pronounce” law. It is important for lawyers, policymakers, politicians and those working in the field of social science academia to understand that the meaning and the scope of law exceeds the basic premises of assumption that law is what the legislature passes as a statute, or law is what a court applies, etc. because that is the way our political order is constructed, etc. Since laws takes various forms, a legal system is needed to interpret and enforce the law in the society through the procedures or process from the systematic nature of law and the examination of the presuppositions and…show more content…
Madison exemplifies that understanding . Since the US legal system is based on federalism. The Tenth Amendment of the U.S constitution shift the power and legal authority away from the states and towards the federal government. The federal government gains more power over the state but there is a certain jurisdiction of boundaries that the federal can exercise their power over the state. The law deals with the fundamental principles by which the federal government exercises its authority. In the American constitutional system, the authority of government is defined, limited, and distributed by the fundamental law of the United States Constitution. The U.S constitution is a body of written basic law and is superior to and takes precedence over all ordinary acts of Congress and state legislatures and over all decision and actions of the executive branches of the national and state government. That 's why it divides the national government into three branches-legislative, executive and judicial. This will separate the power of the branches of the government and at the same time check and balances the actions of other branches. Constitution law is most often associated with fundamental rights like equal protection, the right to bear arms, freedom of religion
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