Understanding law, its sources, and how is it made
Elements like culture, economy, politics, and laws help establish and maintain working civilization. Laws are developed and enacted by the government and followed by citizens to ensure peace and harmony in the country. Beyond this basic and well-known tenet of society, it is important to understand how these rules are derived, the relationship between the law and government, and your rights in relation to the state to ensure due process of the law.
Sources
There are four primary sources or origins of law:
The Constitution: The most fundamental source of law. The supremacy clause makes it “the supreme law of the land,” i.e., the Constitution and federal statutes take precedence over state statutes.
Federal and state statutes: Statutory or federal and state laws are enacted by the legislative branch of the government and carry the consequence of punishment for failure to follow the statutes. Federal, state, and local governments ensure that these statutes are followed.
Administrative regulations: These regulations and rules are issued by the state and federal administrative agencies like Internal Revenue Service and Environmental Protection Agency. The regulations dictate how the statutes will be enforced and applied.
Case law: Also known as the common law or judicial opinion, this source covers the judge’s interpretation of the broad statutes and how it is applied on a case-to-case basis. Once a judge has made their decision, and it has been rendered in the court, the verdict can become a precedent for subsequent cases. When such a precedent is used for new cases, the court is essentially following the principle of stare decisis , which promotes the predictable application of laws. However, not every court needs to follow another court’s decision.
How are federal laws made?
Federal statutes apply to the entire country. Here are the steps for making a law:
Step 1: A bill is first introduced by a senator or representative who sponsors it in either chamber of Congress.
Step 2: Once the bill is introduced, there will be a committee that will debate, research, and introduces changes to the bill.
Step 3: The revised bill is then voted in the chamber it was introduced.
Step 4: If the bill passes, it moves onto the other chamber of Congress, where it follows the process of debate, research, and changes before being voted on.
Step 5: Once the bill has been passed by both bodies, the two versions of the bill may have a few differences that need to be resolved. Once addressed, both chambers vote on this agreed-upon bill. If it passes, it is presented to the President.
Step 6: The President then goes through the bill and can either approve it or reject (veto) it.
Step 7: If the President vetoes a bill, Congress can vote to override this veto, and the bill becomes a law. However, if the President pocket vetoes a bill, i.e., does not sign it within 10 days of receiving it, then the Congress is adjourned and unable to override the veto.
Bill of rights
These are the first 10 amendments of the Constitution that can guarantee certain essential rights to citizens.
First Amendment: This protects the right to express ideas through speech and the press and the right to assemble, protest, and practice a religion.
Second Amendment: Right to keep and bear arms.
Third Amendment: This prevents the government from giving the soldiers the right to take over private homes without the consent of the owners.
Fourth Amendment: Bars the government from any unreasonable search or seizure of a person or their property.
Fifth Amendment: This entails rights like serious criminal charges must be started by a grand jury, a person cannot be tried twice for the same offense, one has to be compensated for the unjust seizure of property, and protects people against self-incrimination.
Sixth Amendment: This covers the right to a speedy and public trial and to be made aware of criminal charges against an individual. In criminal cases, one has the right to a trial by an impartial jury.
Seventh Amendment: In Federal civil cases, the accused has the right to a jury trial.
Eighth Amendment: This bars cruel and unusual punishment along with excessive bail and fines.
Ninth Amendment: This states that listing these rights in the Constitution does not mean that people do not have other rights beyond the ones specified.
Tenth Amendment: The Federal government only has the power that is delegated in the Constitution.
