Role Of The Us Constitution And Legal System In Business Regulation

1090 words - 4 pages

Role of the US Constitution and Legal System in Business RegulationThe Constitution of the United States and their legal system have an impact on the guidance and operation of companies in any industry. In case a person breaks a law, for example, he or she may be obliged to pay a fine or even imprisoned in the US. It works the same way with companies: if a business is found responsible for allowing its employees to violate regulations this company is subject to a fine and even closedown. For instance, companies are responsible to guarantee that all employees are legally authorized to work in the United States. Occasionally employees without proper documentation are able to get a job. The law enforcement agencies perform raids on business enterprises in effort to enforce appropriately laws concerning citizenship and permanent residency. These raids have been taking place all over the United States in attempt to protect the motherland after the tragedy of the September 11th. Immigration authorities have used debatable procedures when many innocent people have been kept in custody. The law allows the Immigration and Customs officials the right to question anyone on the premises during a search. It is the employer's obligation to guarantee that all employees are legally authorized to work by means of performing systematic background checks in order to avoid a chaos and confusion during raids and punishment from the government of the US.Application of Constitutional RightsIn cases when organizations are hiring workers without proper documentation, the government enforces laws in order to protect the interest of United States citizens, the government, and businesses. In Los Angeles, a business was raided and workers were detained due to immigration authorities receiving information about undocumented workers at a particular organization. The constitution grants the right for authorities to search and seize given there is probable cause (US Constitution Annotated-Analysis and Interpretation of the Constitution, 2005.) Probable cause can be a controversial term that is used, in theory it means that all facts must be thoroughly investigated and warrants will be granted, if procedures are followed. In this particular case in Los Angeles, documented and undocumented employees were detained. Unfortunately, the document employees believed their constitutional rights were violated and they sued the Immigration and Customs Enforcement for false imprisonment and detention without justification. The search warrant permits Immigration and Customs Enforcement to question everyone inside of the establishment in question (Bazar, 2008). In this particular case, one-fifth of the employees at this establishment were found to be undocumented.The Effect of Constitutional Rights on BusinessesEmployers are screening their employees more thoroughly to avoid the serious consequences of being an enabler of undocumented citizens. As one can imagine, this is a timely and costly...

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