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Law 421 Essay

929 words - 4 pages

Roles and Functions of LawRobert WolfeLAW 421April 28, 2014Nikki Chtaini
Running head: ROLE AND FUNCTIONS OF LAW: FEDERAL AND STATE COMMERCE PAPER

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ROLE AND FUNCTIONS OF LAW: FEDERAL AND STATE COMMERCE PAPER

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Roles and Functions of LawIntroductionAccording to Sean P. Melvin (2011), "laws is a body of rules of action or conduct prescribed by controlling authority, and having a legal binding force (pg.4). Laws are regulations that shape an individual and the entire community. Laws are created in order to serve as a guideline for the entire community to follow. These regulations and guidelines provide rules on certain things that may or may not be acceptable for the entire society. This paper will discuss the division and source of powers of state and federal government, the limitations of federal and state powers according to the Bill of Rights, and the legal reasoning that the courts use in determining the Commerce and Supremacy Clause. The author will also discuss various federal and state laws that affect his job and or industry.Division of Powers Between Federal and State GovernmentThough federal government governs and oversees the entire nation, they have very limited powers that can control business and individuals in the country. On the other, the U.S. Constitution authorized more power to the state government to protect the welfare of their citizens. According to Sean P. Melvin (2011), "the U.S. Constitution has three general functions including; establishing a structure for the federal government; granting specific powers to the different branches of government; and providing procedural protections for U.S. citizens from wrongful government actions (pg. 28)." The division of powers between federal and state government provides a system of shared power known as checks and balances (Mount, 2010). The federal government is comprises of three branches including judiciary, executive and legislative branch. The House of Representative and U.S. Congress run the legislative branch, the president and vice-president run the executive branch, and federal and supreme courts run the judiciary branch. Each branch has its own unique role and purpose in creating and implementing a law, in which the legislative branch creates the law, the executive branch implements the laws created, and the judiciary branch interprets the laws being implemented (Mount, 2010).Limitations of Federal and State PowerUnder the U.S. Constitution, the Federal government has the power to declare war, oversee foreign and interstate trade, and conduct federal relation (Cornell University Law School, n.d.). On the other hand, the state government has the power to manage public safety and health, education, oversee trade in the state, and ratify amendments (Cornell University Law School, n.d.). Furthermore, federal and state government share the power to make and enforce laws, borrow money, and tax (Cornell University Law School, n.d.). The U.S. Constitution gives the power...

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