Analysis Of The U.S. Legal System
Analysis of U.S. Legal System
Major historical events that led to the development of the U.S. legal system
In its early forms, the idea of the development of the U.S. legal system came from Great Britain and with time certain historical circumstances and events led to the development of the U.S. legal system. Right after the signing of the United States Constitution, until the establishment of the Federal Bureau of Investigation came in to being, many events contributed to the expansion and growth of the American justice system. Since the ratification, rules were defined for guaranteeing the rights of the citizens as it imposed restrictions on police when it is about taking action against people, but it damaged the justice systems (Pooe, 2019, pp. 377-401). Fourth, fifth, sixth and seventh amendments all were meant to protect the citizens and because of this historical event of signing in 1787, the Constitution and U.S. legal system went through many developments as police were required to possess a search warrant before searching any citizen or his/her property. The police and the concerned, now has to follow a due process before a citizen could be deprived of property, life, and liberty.
Event of 1833- Philadelphia adopting 24-hour policing would be also remembered in the U.S.’s history as before this event, policing was an informal business, only a watch system was used to have a check over people. During the middle of the 19th century with the increase of urbanization, the watch system became ineffective, and in 1833 Philadelphia was the first city that enjoyed 24-hour policing. In 1845, 1851 and 1854, New York, Chicago, and Boston, respectively, replaced the watch system with the Police Department. The FBI was also one of the most prominent agencies to be established, which helped expand the U.S. legal system. It started just as a small operation, having only 34 staff members. The U.S. legal system developed more with the establishment of the first crime lab and today it has become a central part of every legal department. August Vollmer was inspired by Europe and wanted to bring more technological advancement in the legal system.
Impact of Christian Faith on Laws
Religion has been associated with laws long since the American colonial period, when the alliance between government and religion produced tyranny and oppression. Still, today, there could be seen that the impact of the Christian religion over the U.S. laws and tracing the history of Sunday Closing Law is one of the prominent examples of Christian influence over the law (Phipps, 2019, pp. 339-347). Generally, the law requires the observance of the Christian Sabbath as a day of rest required on religious grounds, and the Supreme Court rejected the idea of establishing a clause against Sunday Closing Laws which depicts the impact of the Christian religion over the law.
U.S Legal System in the Expansion of Commerce and Protection of Citizen Rights and Business Entities
The role of the U.S. legal system can be witnessed as it helps in commercial expansion. In the U.S. laws, there is a special reference for the Commerce Clause in article 1, Section 8, according to which Congress has the power to regulate commerce with other countries and within different states. In Gibbons V. Ogden, 22 U.S 1. (1824), the U.S. government-held interstates activity to be regulated under the Commerce Clause and it is the Supreme Court that authorized Congress in regulating the local commerce as long as it involves interstate movement of services and goods. Recently, the Supreme Court has also addressed Commerce in NFIB v. Sebelius, 567 US. 519 (2012) that focuses on and favors uninsured citizens to stabilize the health insurance market.
Since 1976, expansion in the corporation's rights could be seen, as they are the entities that are safeguarded by the U.S. Constitution (HENRY, 2019). In some of the cases, corporations are being granted the same Constitutional rights as the U.S. are given. Considering the U.S. legal system and Constitution, the First, Fifth and Fourteenth Amendments could be looked upon as the main protectors of corporations. Court has extended the first Amendments to protect the religious freedom of the corporations and it was said that when a law violates the owner's religious belief, then the company has the freedom of disobeying it (law).
U.S. Constitution addresses the structure of the government that focuses on protecting the citizens’ rights. First Amendment protects the freedom of expression of people as it protects their right to raise their voice against anything if they have concerns over it. Fifth Amendment also protects citizen rights as it prohibits a person from being charged with the same crime which is commonly known as double jeopardy. The same Amendment plays a vital role in protecting people from being deprived of their property and life. The U.S. Declaration of Independence also protects the citizen's rights and promotes the idea of freedom but as a whole, the Bill of Rights, proposed in 1791, plays a central role in protecting the rights of all citizens.
Changes in the legal system
Though, U.S. legal Constitution is protecting the human rights as well as it has provided the government institutions with the authority to intervene, but one change that I want to bring in the U.S. Constitution is guaranteeing a federal vote for conferring a right to vote as it would heighten the legal protection to the common voters (Gillette, 2019). These changes would also set a stage for enhancing the voting experience of all Americans. Another change that I would like to bring in the U.S. Constitution is extending the presidential term limits as the representatives could be elected and re-elected with impunity, likewise, presidents must be given relaxation in presidential terms.
Gillette, W. (2019). The Right to Vote: Politics and the Passage of the Fifteenth Amendment. JHU Press.
HENRY, R. C. (2019). Business Law + 2019 Mylab Business Law with Pearson Etext Access Card: Student Value Edition. Prentice Hall.
Phipps, K. A. (2019). The limitations of accommodation: the changing legal context of religion at work in the United States. Journal of Management, Spirituality & Religion, 16(4), 339-347.
Pooe, T. K. (2019). Law and Economic Development in South Africa: An Assessment through the General Theory of Law and Development. Law and Development Review, 12(2), 377-401.
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