Foundations of Law in the United States
Foundations of Law in the United States
Chapter Goals and Objectives
Importance of understanding what law means.
Overview of various types of law in the United States and their functions for society.
Exploration of Americans' ambivalent views on obeying the law and reasons for ignoring legal statutes.
Discussion of the litigious nature of American society and its implications.
Case Study: Shelley Luther
Background: In March 2020, Governor Greg Abbott of Texas issued orders to close cosmetology salons due to COVID-19.
Shelley Luther's Reaction: Owner of Salon a la Mode, Luther initially complied but reopened on April 24 due to financial strains, claiming her constitutional rights were violated.
Quote: "It’s our right to keep the store open… It’s our right for those women to earn income for their families."
Legal Consequences: Luther received a cease-and-desist order from a judge, refused to comply, and subsequently was arrested and fined by Judge Eric V. Moye.
Texas Supreme Court Intervention: Eventually, the court issued a temporary order freeing Luther after Abbott amended his executive order to prevent incarceration for violations during the pandemic.
Key Constitutional Principles Raised:
Right to Earn a Living: Supported by Section 1 of the Fourteenth Amendment, preventing deprivation of life, liberty, or property without due process.
State's Police Powers: Texas claimed authority under the Tenth Amendment to protect public health and safety.
Conflict of Rights and Law
Discussion: The conflict between individual rights and state responsibilities highlights the complexity of legal authority.
Institutions' Roles: Questions arise about whether legislatures, courts, local executives, or elected officials should resolve such conflicts.
Importance of Law
Without law, there are no courts, judges, or mechanisms to resolve disputes.
Law's sources in the United States include: institutions and traditions that establish legal rules and definitions.
Definition of Law
Verbatim Definition: "Law is a social norm the infraction of which is sanctioned in threat or in fact by the application of physical force by a party possessing the socially recognized privilege of so acting."
Key Elements:
Force: Use of physical coercion as a legal requirement for compliance.
Official Authority: Identifies who has the right to exercise force (e.g., police).
Regularity: Aiming for predictability in behavior, linked to precedents like the doctrine of stare decisis and equal protection under the law from the Fourteenth Amendment.
Sources of Law in the United States
Constitution: The supreme law of the land, state and local laws must conform.
Acts of Legislative Bodies: Enacted statutes from Congress and state legislatures are a primary source.
Decisions of Quasi-Legislative and Quasi-Judicial Bodies: Examples include administrative agencies (e.g., Environmental Protection Agency (EPA), Federal Communications Commission (FCC)) making rules and regulations.
Political Executives' Orders: Enables the execution of laws and filling legislative gaps by presidents (e.g., executive orders) and governors (e.g., gubernatorial emergency orders).
Judicial Decisions: Formulate law through interpretations and precedents, constituting a significant body of law.
Types of Law
Codified (or Code) Law: Systematic laws codified by national parliaments, contrasting with US's combination of various legal traditions.
Statutory Law: Written laws passed by legislative bodies.
Common Law: Uncodified traditions and legal practices that evolve over time through judicial decisions.
Civil and Criminal Law:
Civil law addresses disputes between individuals (e.g., breach of contract, personal injury/torts, divorce).
Criminal law involves offenses against the state (e.g., theft, assault, murder).
Equity: Provides remedies beyond monetary compensation, allowing judges flexibility in serving justice (e.g., injunctions, specific performance).
Private Law: Covers rights between private entities; predominantly civil law (e.g., contract law, property law, family law).
Public Law: Governs interactions between individuals and the state; includes administrative, constitutional, and criminal law.
Functions of Law
Order and Predictability: Laws create frameworks for predictable behavior, which is essential for societal functioning.
Dispute Resolution: Provides legal framework for resolving conflicts peacefully instead of through violence.
Protection of Individuals and Property: Laws are essential for maintaining personal safety and preventing theft or destruction.
General Welfare: Laws empower society to address collective needs that would be impossible individually (e.g., public health, education).
Protection of Individual Liberties: Establish laws that safeguard personal rights against infringements.
Historical Ambivalence Toward Law
Revolutionary War: Rooted in illegal actions that justified breaking the law to establish independence.
John Brown's Raid: Highlighted conflicts between legality and moral imperatives in the fight against slavery.
Civil Rights Movement: Demonstrated tensions between obeying unjust laws and moral responsibility to challenge them.
Contemporary Examples: Instances such as Kim Davis' refusal against same-sex marriage licenses showcase ongoing tensions between personal beliefs and legal obligations.
A Litigious Society
Highly Litigious Nature: Statistics indicate that a significant number of lawsuits filed annually, showcasing Americans' reliance on legal avenues to resolve issues.
Frivolous Lawsuits: While some suits may be trivial, they contribute to a broader legal culture that seeks justice in courts rather than through informal resolutions.
Evolving Legal Landscape: Trends indicate a potential global shift towards increased litigation, similarly observed in other nations.
Based on the provided notes on the "Foundations of Law in the United States," here are answers to the discussion points:
Importance of Understanding Law: Understanding law is crucial because without it, there would be no courts, judges, or established mechanisms to resolve disputes. Law provides the framework for societal order, predictability, and justice.
Types of Law and Their Functions: The United States utilizes various types of law, including constitutional law (supreme law), statutory law (legislative acts), common law (judicial precedents), and administrative law (agency regulations). Laws are categorized into civil law (disputes between individuals), criminal law (offenses against the state), equity (flexible remedies), private law (private interactions), and public law (individual-state interactions). Their functions include maintaining order and predictability, resolving disputes, protecting individuals and property, promoting general welfare, and safeguarding individual liberties.
Americans' Ambivalent Views on Obeying the Law: Americans hold ambivalent views on obeying the law due to a history marked by actions that challenged legal authority for moral or political reasons. Examples include the Revolutionary War, John Brown's Raid, the Civil Rights Movement, and contemporary instances like Kim Davis' refusal to issue same-sex marriage licenses. These events highlight tensions between personal beliefs, moral imperatives, and legal obligations, sometimes leading individuals to ignore statutes they deem unjust.
The Litigious Nature of American Society: American society is highly litigious, meaning there is a significant reliance on legal avenues, such as lawsuits, to resolve issues. Statistics show a substantial number of lawsuits filed annually. While some may appear frivolous, this reflects a broader legal culture that often seeks justice through formal court processes rather than informal resolutions. This trend suggests an evolving legal landscape with increasing litigation.
Who Should Resolve Conflicts between Individual Rights and State Responsibilities?: The conflict between individual rights and state responsibilities, as seen in the Shelley Luther case, raises questions about which institutions should resolve such disputes. The notes indicate that legislatures establish laws, courts interpret them and set precedents (e.g., judicial decisions, stare decisis), local executives and elected officials issue orders (e.g., gubernatorial emergency orders), and administrative bodies create regulations. All these bodies have a role in the legal framework. The Shelley Luther case demonstrated that while local courts can issue orders and impose penalties, higher courts (like the Texas Supreme Court) and executive actions (Governor Abbott amending his order) can intervene to resolve conflicts, highlighting a system of checks and balances where different branches of government and levels of authority share responsibility in interpreting and enforcing the law while also protecting constitutional rights.