You can’t wear white after Labor Day. Always obey the posted speed limit. That double-wide driveway is illegal with your single garage. You cannot murder the woman sleeping with your husband.
Every day we receive messages about what we can and cannot do. Some are suggestions, others are rules, and some are laws. How do you know the difference? Why does it matter?
If you’re curious about the above statements, the first is an outdated adage, and the last is definitely a law with specific consequences. The second refers to state and county ordinances that establish speed limits. Third, determinations about driveways sizes are residential codes set by cities.
What is Law?
Law is the system of rules that regulates the conduct of individuals in society. They are established and enforced by social and governmental institutions at the federal, state, and local levels. Laws also serve as societal norms and often reflect the beliefs of the majority of society.
In the United States, the center of our legal system is the Constitution. It served as a starting point for law in our country and evolved over the years as society changed. Further, there are three levels of law that address different types of issues – federal, state, and local.
To understand the importance of law, it’s necessary to understand the origin of our legal system, why laws exist, how they are made, and the functions of each type. The United States legal system is complex, and people don’t always agree on the laws, but it serves as the backbone of our country.
How the Constitution Established Our Legal System
Law in the United States started with the Constitution. In 1789, the U.S. Constitution established three branches of government based on a set of principles that still exist today. The Constitution outlines seven articles that form the foundation of our country’s legal system.
- Article I created the Legislative Branch, known as Congress, with the ability to make laws. It further outlines the powers and limits of the branch.
- Article II established the Executive Branch, which is the President and executive departments charged with enforcing laws.
- Article III created the Supreme Court, dictated the jurisdiction of the nation’s highest court, and the method of creating new, lower courts.
- Article IV detailed the relationship between the federal government and individual state governments.
- Article V described the process for amending the Constitution if needed.
- Article VI affirmed that the Constitution served as the primary law of the United States.
- Article VII dictated the process of ratifying the Constitution.
Ten amendments, known as the Bill of Rights, were added to the Constitution in 1791. These original amendments established basic civil liberties, like freedom of speech. Today, there are 25 functional amendments to the Constitution.
Why Do Laws Exist?
Laws serve several purposes from protecting our rights as citizens to regulating products and services. They apply to every citizen in the jurisdiction. For example, federal laws protect every citizen of the United States. Laws generally stem from one of five principles.
Do No Harm
Laws that criminalize violent acts fall under the Harm Principle. They protect people and property from assaults by other individuals.
Protect Vulnerable People
The Parental Principle exists to protect people who lack the ability to make certain decisions themselves. For example, these types of laws include school attendance laws for children and ban possession of harmful drugs. They intend to protect vulnerable parties, like children but are sometimes problematic.
The Moral of the Story
Remember that beliefs impact the development of some laws. In the case of the Morality Principle, laws often reflect religious beliefs and generally relate to sex. Recently, the principle led to laws against hate speech.
In the Name of Service
Some laws exist to provide services to citizens or punish corporations that commit wrongs against the country. These laws, based on the Donation Principle, can control certain behaviors but often receive criticism for providing unfair advantages to certain parties.
Government Protection
Other laws exist solely to protect the government. Laws stemming from the Statist Principle include prohibiting the desecration of the American flag. These laws often lead to trouble because they frighten and oppress citizens.
What is the Difference Between Federal, State, and Local Law?
There are generally three levels of law in the United States that cover different issues. All laws must comply with the Constitution, but state and local governments have their own legal systems to address certain things.
Federal laws apply to the entire country. They include things like Immigration law, Social Security laws, and patent and copyright laws. Some of the most important federal laws are anti-discrimination and civil rights laws that protect us as citizens.
At the state level, the legal system handles criminal matters, family law, inheritance and estate law, and business contracts. State legal systems can address public assistance, personal injury, and worker’s compensation as well.
Within each state, local laws also exist. Counties, cities, municipalities, townships, and villages can adopt their own set of laws regarding things like rent, zoning, and local safety concerns.
What are the Different Types of Laws?
Laws can be broken into two main types, common law and statutory law. Common law refers to legal decisions made by judges based on their interpretations of what the Constitution states. The legislative branch creates statutory laws through the established law-making process.
It is important to note that many people break the law into specialties. Though a law may be civil, criminal, or financial in nature, it will still be considered either a common law or statutory law.
Civil Law vs. Criminal Law
Legal cases can be criminal or civil in nature. They have different laws, protocols, and punishments, depending on the type of offense.
Civil cases deal involve private parties that can be individuals or groups. One person files a claim against the other and requests compensation. The burden of proof falls on the individual who submits the complaint, the plaintiff. Examples include property disputes and personal injury claims.
Criminal cases involve somebody who has committed a crime. The state or government files the charges and requests the perpetrator receive punishment for the offenses committed. They must prove beyond a reasonable doubt that the accused committed the crime. Examples include theft, murder, and drug trafficking.
How Are Laws Made?
Laws start as ideas. Anybody can suggest an idea to their elected representatives. The elected official can convert the idea into a bill which they present to their legislative body.
How the Legislative Branch Handles Bills at the Federal Level
At the federal level, the legislative body is Congress. There are two houses in Congress, the House of Representatives and the Senate. Bills can originate in either house though there are some procedural differences between the two.
To present a bill to Congress, a Representative or Senator places the bill in “the hopper” to be assigned a legislative number. The bill is then sent to the appropriate committee for research, discussion, and possible alterations. Ultimately, the committee submits the bill for a vote or sends it to a sub-committee for further analysis.
Congress debates bills and can propose further changes before voting. If one house passes the bill, it goes to the other house for voting. Both houses of Congress must agree on a bill to send it to the President.
The President’s Role in the Law-Making Process
When the President receives a bill from Congress, there are four potential outcomes. Since the Constitution provided a system of checks and balances when they created the three governing bodies, the President has some say in whether a bill becomes law.
- If the President decides to sign the bill, it becomes law.
- The President may veto or reject the bill. Congress can override the veto if two-thirds of those present in both houses vote in favor of making it law.
- Another option the President has is the pocket veto. If Congress goes out of session within ten days of sending the bill, the President can choose not to sign it, and the bill will not become law.
- Finally, the President can take no action. If Congress is in session and the President does not answer within ten days of receiving the bill, it becomes law.
How States Make Laws
Passing a state law is very similar to the federal system. A state legislator turns a suggestion into a proposed bill and introduces it to the chamber. Like federal bills, state proposals receive numbers and pass to committees.
When state bills reach the committee level, the process differs slightly from the federal level. Committees hold public hearings for the bills and encourage public participation during the discussion process. Following the hearing, the committee has five courses of action.
- They can pass the bill and send it to the floor for a vote.
- The bill can be passed and sent to another committee.
- Noncontroversial bills can be passed and placed on the consent calendar.
- The committee can send it to the floor or another committee with no comments or suggestions.
- They can veto the bill by voting it down, tabling it, ignoring it, or returning it to the sponsoring legislator.
If the committee passes the bill, it is read to the chamber a second time, then scheduled for debate by the entire chamber. When the scheduled date arrives, the chamber hears the bill for a third time, debates it, then votes on it.
Bills that pass both chambers of the state legislative branch go to the state’s executive branch, the governor. At that point, the governor can sign, veto, or pocket veto the bill. Signed bills become laws. Vetoed bills return to the legislators who can overturn the veto with a two-thirds majority vote by both houses.
Creating Laws at the Local Level
Local government varies from state to state, but there are generally two levels – counties and municipalities. States grant counties and municipalities the right to establish charters, ordinances, and codes. All charters, ordinances, and codes must comply with federal and state laws.
- Charters establish the county or municipality and set forth a preliminary set of rules and regulations. The state government determines the charters for all counties and municipalities in its jurisdiction.
- Ordinances address local issues like animal control, local parks, and local roads.
- Codes are ordinances that passed and entered into the county or city codes. The local government and local law enforcement ensure compliance with codes.
Though ordinances and codes act like laws, they are slightly different and consequently follow a unique process. An idea is drafted into a proposal and presented at a city council or special committee meeting. The council and committee research and discuss the proposal, read it publicly, and hold public hearings for input.
After proposed ordinances pass through public hearings, the council discusses and votes on them. If they approve the ordinance, it passes to the mayor for approval.
How Do Laws Serve Us?
Laws, like the elected officials who make and enforce them, exist to serve the people. They can protect us, define standards, and resolve disputes. Though our legal system is complex, it serves us in many ways.
Establish Government Structure
Not only did laws establish our government, but they also gave our country structure and supported its growth. Laws created our court system, individual state governments, and methods for electing new officials to the federal government. They also detail methods for creating new laws.
Details Individual Rights
As citizens of the United States, we have several basic freedoms detailed in the Bill of Rights. Laws cannot violate any of the rights established in the Constitution its subsequent amendments.
Basic Freedoms Granted in The Bill of Rights
The first ten amendments provide a list of the freedoms our founding fathers felt were necessary. Though they often cause debate among parties and individuals, the ten rights are generally accepted and provide a level of protection from others, including the government.
- The first amendment protects freedom of religion, speech, and the press. It also gives us the right to peacefully assemble and appeal to the Government if we feel they’ve wronged us.
- Perhaps the most controversial of the first ten amendments, the second amendment deals with establishment of militia and right to bear arms.
- The third amendment says that private homes cannot be used to house military troops and stems from abuse of the practice by the British prior to American independence.
- Thanks to the fourth amendment, the government cannot search us or our property without probable cause and a search warrant.
- The fifth amendment provides several rights regarding arrests and criminal cases, including indictment by a Grand Jury, protection from self-incrimination, due process.
- Continuing the establishment of the legal process, the sixth amendment ensures our right to trial and an attorney. It details rights regarding witnesses and certain protections for the trial.
- The seventh amendment addresses civil cases.
- Regulations of bail, fines, and punishments comprise the eighth amendment.
- James Madison penned the ninth amendment that confirms certain rights not mentioned in the Constitution, like privacy.
- Finally, the tenth amendment gives power to individual states to pass laws on issues not provided for in the Constitution.
The Bill of Rights survives centuries after it was formally added to the Constitution. Though some amendments mean less today than they did in the 1700s, they provide protections and freedoms that the founding fathers felt necessary, and we still rely on them today.
Shapes Societal Norms
Laws promote the common good and encourage people to do the right thing. They establish a series of social norms and discourage people from acting out. The law acts as an invisible hand that guides citizens away from undesirable behaviors.
Many laws stem from social or moral issues that evolve with societal norms. A perfect example is Prohibition in the United States.
The Timeline of Prohibition
Early in the 19th century, large groups of Americans rallied to form societies to campaign against alcohol. They fought to outlaw liquor and other “intoxicating beverages.” In 1919, the 18th Amendment passed to prohibit alcohol in the United States.
Outlawing alcohol did little to stop the production, sale, and consumption of intoxicating beverages. Bootleggers and criminals grew rich from the illegal distribution, and the government lost billions because it no longer received tax revenue from alcohol sales.
Society proved they preferred their alcohol and were willing to do anything to get it. The 18th Amendment lost support and led to the 21st Amendment that ended Prohibition.
The Social Story Behind Prohibition
Prohibition may sound more like a love and hate relationship with alcohol, but the groups that rallied for it had good reason. The push for Prohibition stemmed from abused women. They were tired of their husbands drinking away their money only to return home drunk to beat them and their children.
Pre-Prohibition drinking looked very different than it does today. Men and women did not drink together in public. Instead, men went to taverns with other men while the women stayed home to care for the children. Men also consumed far more alcohol in the mid-1800s than they do today.
Interestingly, Prohibition failed to eradicate alcohol production and consumption but ultimately provided regulation of alcoholic beverages. The repeal granted states the ability to establish alcohol laws, including minimum ages, licensing, and closing hours.
Though it was long and messy, the story of Prohibition demonstrates how societal issues affected laws and contributed to social change. The groups who sought to end alcohol consumption and preserve their lives and families ultimately succeeded through a compromise.
Promotes Social Justice
Social justice refers to an equal distribution of wealth, privileges, and resources in a society so that everybody is afforded an opportunity to grow and thrive. As citizens pursue social justice, the law responds by punishing social injustices.
While we have a long way to go to achieve true social justice, our legal system made great strides in addressing some social issues, like forced marriages. Social justice continually impacts the legal system regarding civil rights, immigration, environmental issues, disability rights, and domestic violence.
Facilitates Disputes
Dispute resolution is another benefit of the legal system. Laws establish methods to resolve disputes over limited resources and guide compromises. We can avoid arbitrary, biased, and dishonest decisions over specific issues because our legal system outlines definitive steps for resolving issues.
Conflicts arise between individuals, couples, and groups for many reasons. Neighbors could argue over property boundaries, and couples in the midst of divorce disagree on how to divide their joint assets. There are even work disputes that involve unions and corporations.
Our legal system allows these cases to go to court so that both parties can address a judge, but there are other legal processes to solve the issue. Conflicting parties can seek resolution through negotiation, mediation, or arbitration. All three involve legal representatives or impartial third parties.
Details Punishments, Remedies and Recourse
Laws establish a system of punishment, remedies, and recourse for violations. While laws make actions illegal, they cannot prevent people from committing them. For example, theft is illegal, but people still steal. Law is a deterrent for most people, but not everyone. That’s why the law provides recourse for violations.
If somebody steals your car, you may want to steal their car as retaliation. Our legal system prohibits that type of “eye for an eye” behavior. Instead, if somebody steals your car, you have legal avenues to pursue some sort of compensation for the loss of your car.
The Disadvantages of the Legal System
No system is perfect, and that includes laws. Some people rally against the system, primarily the structure, nature, and perceived oppression of the legal system. They present viable reasons that we should address in any discussion of law.
Laws Infringe on Freedom
Even though laws establish certain individual rights, they also commit a degree of harm by limiting personal freedoms. Any laws that say you cannot do something effectively detract from your freedom.
Some individuals argue that laws, like those that make certain drugs illegal, impinge on their rights. They feel that the decision to use or not use any drug should be an individual choice. These people feel the government interferes too much with personal decisions.
The Legal System is Rigid
Ideally, laws should continuously and fluidly adapt to the needs of the people. However, the system is rigid and difficult to adjust. In some ways, the law lives in isolation instead of acting as an inclusive part of daily life.
Law is Slow
Our legal system is conservative by nature and very slow to change. Lawyers and judges favor existing law, which makes it static. Progressive societies favor more dynamic legal systems, but with so many voices and legal principles in place, it’s difficult to elicit change.
People working through the immigration law in today’s world cite the delays at each step of the process. New policies compound an already tedious and lengthy process. Many people argue that the structure of law makes it slow.
The Law is Formal
Not only is our legal system complex and loaded with fine distinctions, but it is also overly formal. Our legal system is encumbered by formal and technical issues that may have no real relevance to the case. Have you ever heard about somebody “getting off on a technicality?”
There are even examples of violent offenders walking free due to technicalities. A Missouri woman walked free after allegedly beating another woman to death with a baseball bat. In Alabama, a judge released a man who confessed to the murder of a 77-year-old man because of a technicality.
What if Laws Didn’t Exist?
Admittedly, every legal system has to commit some degree of harm by limiting some individual freedoms. This idea may not sit well with some people, but legal systems exist to make society better without committing unnecessary harm. What would society look like without law?
Without law, the government dissipates. Without government, financial institutions fail as the American dollar loses all worth (since our country is currently in debt). Also, every government-funded institution abruptly closes, including the military.
Private sector employees may still work and collect paychecks. Public employees and any people using public sector services, like Medicare and Social Security, lose funding. Within weeks, society devolves into complete chaos as we fight to claim territory and supplies.
There is no way to prevent violent crimes or thefts. Don’t expect recourse for any crimes committed against you, because there is no law to define the violation.
Law and Society Work Together
Without law, society would devolve into chaos. The two concepts are so intertwined that it’s impossible to determine where one ends and the other begins. Laws provide structure and establish social norms, but society and the majority voice influence the law-making process.
Law prevents chaos, provides guidance and structure, and protects citizens from themselves, each other, and the government. Despite the limitations of the legal system, it offers more benefits than a world without law.