The Role of Law
The role of law in business is at the heart of everything we do as a United States. The forming of the United States and our Constitution is at the heart of all of our legal decisions. We hold the constitution up to the scrutiny of every case that is presented to the courts. Our laws are created by our executive branches and legislative branches and upheld by our courts. When a federal law is created there are many processes that it goes through to be created. The state laws that are created serve the common law. When a federal law and state law conflicts, the federal law is supreme. “Federal legislation or regulation must be authorized by a specific, enumerated power in the Constitution.”(The legal environment of business, Sean P. Melvin, McGraw-Hill, Pg.29)
The law that we adhere to in present day is made up of a combination of constitutional law, statutory law, common law, and administrative law (regulations). All of these work together as a compass to guide us through. Constitutional law is supreme to all other law. It establishes the boundaries, structure and procedures to follow.
In many cases concerning our well being as a whole, the constitution creates the foundation for guidance. It is referred to as the cornerstone of our country. When a case is brought to the courts, it is subject to the strict scrutiny of the constitutional laws that formed our country. There are many roles that our legal system plays in our everyday lives, one in particular is our freedom of speech and our rights. The constitution was written and amended to provide us with a set of rights to adhere to. When our rights become violated, we have legal recourse based on the constitution.
There must be order among chaos and the constitution provides this order. The order that we live by is there to assist us in creating the laws. If a case such as the one used as an example where...
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