#1 Discuss the formation of laws and legal system in the United States. #2 Discuss the position of the individual in society in relation to the development of law.

LEGAL ISSUES

2007

First Assignment

The United States Constitution is considered the supreme law of the land , providing the basis for the US government and guaranteeing the freedom and rights of all US citizens . No other laws may contradict any of the principles in the Constitution and no government authority in the US is exempted from complying with it . The federal courts are given sole authority to interpret the Constitution and evaluate the federal constitutionality of federal or state laws

Previous to the drafting and ratification of the US Constitution

, during the period 1781-1788 , an agreement called the Articles of Confederation that governs relations among the 13 states , was promulgated . This policy however , established a weak national Congress and left most authority to the states . It did not provide for a federal judiciary aside from a maritime court , although each state was encouraged to honor the rulings of the other 's courts . To fully integrate all states and to strengthen the legal system that embodies the concerned , the ratification of the US Constitution was finally done wherein the supremacy clause ' found in Article VI is one of the most significant clause added

Each branch plays a role in the legal system . As the Constitution was strengthened , several means of restraining it from too much power were instituted by dividing the new regime into several branches . Through the various departments , usurpation of power and influences are restrained or checked

The US legal system is divided into three departments , namely (1 legislative (2 ) executive , and (3 ) judiciary . Each of the departments had their own strengths and measure of influence over the legal system that are absolutely followed by the citizenry

The legislative branch of government is authorized to promulgate and make laws for the United States . The bicameral Congress , is composed of two chambers , the Senate and the House of Representatives . This system was created after much debate when the Constitutional Convention was held . Delegates from larger and more populated states wanted congressional representation to be based upon population while fearing domination , delegates from smaller states wanted equal representation The result of the compromise was the creation of the two chambers , with representation based on population in one and with equal representation in the other

The judicial branch established under Article III of the US Constitution with the creation of the Supreme Court , possesses powers that the Constitution specifically delegated . It has federal jurisdiction only to certain kinds of disputes since all other civil and criminal cases will be tried and sentenced in the states where it was committed . Two of the most significant federal jurisdiction was cases involving a question of federal law and diversity ' cases or disputes between citizens of two different states . The diversity jurisdiction is exercised so as to allow each contending party from litigating his /her case before the court of his /her adversary

Another judicial power that came up was when a law is deemed unconstitutional ' because it violated rights guaranteed to the people by the...