primary sources of law in the United States of America

 primary sources of law in the United States of America

Laws and regulations are norms of conduct legislated to maintain justice and stability in a society. The government of citizens is, therefore, based on laws and not the instincts of men. For without laws, humans would be but animals. Laws ensure that disputes are solved in a civilized manner, thereby maintaining peaceful co-existence within the society. Laws are drawn from sources which can either be primary or secondary. The primary sources of law in the United States of America include the U.S Constitution, federal and state statutes, case laws, and administrative regulations.

The United States Constitution

The Constitution forms the most fundamental source of law in a country that the government and every department draw authority from. The Constitution is the supreme law of the country from which other sources of law draw existence. Any other statute which is inconsistent or violates the Constitution is void to the extent of its inconsistency. The United States constitution provides Bill of Rights which protect the individual liberties of every citizen in the country. For example, the First Amendment of the U.S constitutions prohibits Congress from making laws that inhibit freedom of speech. The Second Amendment provides for freedom to keep and bear arms. The Fourth Amendment protects a citizen’s rights against illegal searches and seizures. The Fifth Amendment provides for protection against self-incrimination. The rest of the Constitution provides for the organization of the United States government into federal and states.

Federal and State Statutes

Federal statutes in the United States are enacted by Congress and apply indiscriminately across the fifty states in the country. An example of a federal statute in force in the United States is the Clean Air Act. The Clean Air Act was enacted by Congress in 1963 and seeks to control the pollution of air at a national level. The law is enforceable in every state in the United States by the federal government. On the other hand, State statutes are legislations enacted by specific states and therefore apply within such states that enact them. State statutes are used to regulate activities within a given state. However, in cases of conflict, federal laws triumph over the state legislation as provided in the United States Constitution’s “supremacy” clause, Article VI, Clause 2.

Administrative Regulations

Federal or state agencies issue rules which are regarded as administrative regulations. Examples of state or federal agencies that issue administrative regulations include the Internal Revenue Service and Environmental Protection Agency. Regulations provided by agencies determine the application and enforcement of laws. The authority to regulate and enforce laws by federal agencies is derived from Congress through an enabling act that defines the scope of authority. There are two ways of developing administrative regulations, which are formal and informal. The informal way involves an agency making proposals and inviting the public to give their reactions and opinion to the intended law. The formal way involves the agency meeting regulations set by the Administrative Procedure Act.

Case law and Judicial Opinions

Case laws refer to already decided cases by courts of competent jurisdiction in a matter. Thereafter other courts can use such decisions to resolve similar matters before them. Case laws are often referred to as common law and have a significant influence on how other cases are decided in court. Judicial opinions are also decisions or opinions made by courts in the process of solving cases and therefore serve as precedents in succeeding matters. Case laws and judicial opinions have consequently been used as sources of law to maintain uniformity in court decisions.

The First Amendment of the U.S Constitution protects the citizen’s freedom of speech. A citizen is, therefore, at liberty to comment about anything as long as the government does not prohibit it. However, the Amendment does not restrict individual persons or businesses on the prohibition of freedom of speech on any individual. Reid, in this case, is not protected by the First Amendment because she uses obscene language to express herself.

The bartenders are also protected by the First Amendment of the United States Constitution. The freedom to assemble peacefully without interference by any other person. Reid picks a fight with them, therefore, endangering their right to peaceful association. The Constitution thus protects the bartenders from the aggressions and obscenities from Reid.

The First Amendment of the Constitution also protects the customers of the bar as to personal liberty. The customers have the right to go out to the bar and enjoy themselves because it is their right. The obscenities used by Reid threaten their association and freedom. Reid is, therefore, at fault and not the customers of the bar.

Reid acts unethically by describing the bar patrons with obscene words. It is unethical because she further picks fights with the people in the bar, therefore, threatening their peace. Also, she enters other people’s businesses to cause disruption. The act of intrusion into another person without permission is unethical.

In conclusion, laws, therefore, exist to ensure peaceful co-existence in society. The Constitution provides the primary source of laws of a country. Other primary sources include case laws, federal statutes, and administrative regulations. All these primary sources of law exist to provide rules to be followed in the society.