14. Any norm of conduct or rule applicable to all forms of actions as well as any form of creation
is subject to law. This basically means that rules are created in order to generate harmony in the
society. However, this does not mean that anybody can make rules; it is subject to factors and
elements that are catered for the benefit of the many. The first element is that laws are rules of
conduct, wherein everybody is obliged to follow to avoid any form of altercation or conflict
within the society. These rules are strictly imposed in order to benefit the community as well as
fellowmen. The next element is that laws must be just. In order for it to become utilitarian, it
must be justifiable under all circumstances and should be fair to all the scope that entails it. The
third element is it must be obligatory; everybody is obliged to follow and no one is exempted
from the rule. The fourth is laws must be propagated by legitimate author, and with legitimate
authority it means that the government is the only authority that can create it, as well as the
model for obeying it. And lastly, the laws must be decreed for the benefit of social welfare – and
that is, to promote peace, harmony and social contract among the society, its citizens and its
external or additional relations. All these elements bound a rule as legitimate, and is bound by
the power of the government, and are also provided for the benefit of the individual citizens as
well as the society itself.
15. The Bill of Rights is made up of ten amendments that deal with the rights of individual
citizens from unjust trial, fairness and due process during trial. The intent of making these
provisions is to protect individuals form unfair or unjust prosecution and trial; without these,
there will be a confusion of what fair trial is, as well as there will be no freedom for people to
practice their beliefs, freedom of speech, and freedom of being human. The Bill of Rights is
created mainly for the purpose of making rules that can enable an individual to a fair and
balanced participation in the law. This also makes every individual have their birth right. In this
case, the purpose of the Bill of Rights is to protect people from unfair laws that forbid their
freedom, ability to understand what their crime/s is/are, as well as fairness and equality in terms
of prosecution or trial. However, not all provisions in the Bill of Rights is incorporated in the 14th
Amendment. The 14th Amendment is a provision that enables due process, to ensure that an
individual’s rights are protected and the government follows the rules that the people have made.
However, the 3rd, 5th, 7th and 8th amendments are either incorporated except for some of its
clauses or not incorporated at all. The 3rd, the 5th, and the 8th amendments are not fully
incorporated since the due process clause except some of its clauses. The 7th amendment is not
incorporated at all.
16. An indirect democracy is a form of democracy that enables the officials to elect a candidate
but these elected officials will not have any forms of input to governmental decisions since the
official is reviewed by the government rather than his decisions. This makes the election very
confusing for the citizens since they assume that the candidate they vote will eventually provide
them with laws based on his decisions, but will not get it in return. The government has full
authority on decision making and thus these elected officials, unless they have gained their merit,
are able to make their decisions valid for the benefit of the decisions. This strict form of
democracy is often seen as ‘indirect’ since the citizens assume that they will be able to get a
promised law by an elected official, only to know that the rule or law will never become real.
However, there is a way wherein this decision – “idea” – can be converted into a code and finally
into a rule or law. First the elected official, whose decisions are often not reviewed by the
government, must meet the critical demands of being a government official such as subservient
to the citizens despite their personal values, desires and goals. Since indirect democracy is
actually effective inc controlling government decisions, it is highly regarded that officials must
not have personal interests once they enter the government. Second, the government has to
review the official before actually using his decisions. This is relatively important as elected
officials are often elected because the citizens usually don’t have enough knowledge about the
background of the candidate, therefore making it easy for them to vote someone. The
government acts as a controlling agent on who can and who should only make decisions for the
benefit of the people. After these requirements are fulfilled, can then only the idea of the official
be coded into a rule, which then follows the fundaments of law-making.
17. Article 1 confers the power of the Congress which is the legislative branch of the federal
government. It also establishes its limitations, and therefore provides stringent sections to make a
full explanation of the Congress’ power and their limitations. Section 8 of Article 1 (Powers of
Congress) ensures the powers and limits of the Congress and its members with the provision in
terms of taxes, duties, imposts and excises, as well as payments of debt for the common defense
and general welfare of the United States, which actually means that all of these elements can
enable the Congress to lay and collect amounts that will provide for the United States. Another
provision is to regulate commerce with foreign nation, with several states as well as with the
Indian tribes; this means that anti-discrimination is imposed in trade and tribal and international
relations are a must to keep this up. The provision to promote the progress of science and useful
arts by securing limited exclusive rights to authors and inventors means that the intellectual
property right is greatly under the power of the Congress, and must be observed and promulgated
by them. And lastly, providing and maintaining a navy, which is used for defense as well as for
emergency purposes such as natural calamities and disasters. Providing the nation as well as
maintaining the navy is under the powers of the Congress.
18. The function of law in the legal system is giving body to the formation of the system and
upholding its virtues and beliefs. Laws are created in order to make the legal system to exist; in
this term laws enable the system to become existent in the eyes of the people. Without laws, a
legal system will never become fruitful. Laws enable the legal system to be flexible, and fair, and
make it more visible for the citizens to follow. It keeps peace on the community, shapes moral
standards, promotes social justice, maintains the system’s status quo, facilitates orderly change
and planning, from businesses to individual protection, is a basis for compromise that is effective
in resolving disputes and maximizes individual freedom for the citizens.
References:
“16.1 Law and the Legal System”. Web-books.com. 2012. Web. February 3, 2012,
<http://www.web-books.com/eLibrary/NC/B0/B66/132MB66.html>.
Cornell University Law School. “US Constitution”. Cornell.edu. 2012. Web. February 3, 2012,
<http://www.law.cornell.edu/constitution/articlei>.
“Indirect Democracy”. Foa5c.org. 2012. Web. February 3, 2012,
<http://www.foa5c.org/file.php/1/Articles/Indirect_Democracy.htm>.
Exploring Constitutional Conflicts. “The Incorporation Debate”. Umkc.edu. 2012. Web.
February 3, 2012, <http://law2.umkc.edu/faculty/projects/ftrials/conlaw/incorp.htm>.
“Definition of Law and Its Elements”. Shvoong.com. 2012. Web. February 3, 2012,
<http://www.shvoong.com/law-and-politics/constitutional-law/1670714-definition-lawelements/>.