CJS 220 Week 2 Paper Long

CJS 220 Week 2 Paper Long - Running head U.S creation of...

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Running head: U.S. creation of law United States Law Creation Brian C. Kennedy University of Phoenix CJS220 Steven Weber 14 June 2014 1
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United States Law Creation Abstract The framers of the United States Constitution enacted a system which was designed to remove the threat of tyranny from an oppressive unilateral power. Having revolted against such a system in the form of the English monarchy, they developed a system which spreads power across three distinct branches. These branches are the Executive (empowered to enforce and administer law); Judicial (to interpret and rule on those interpretations as they apply to justice) and the legislative (empowered to author, ratify and forward law to the executive branch to sign into law). These laws do not and did not exist in a vacuum. They were based upon long standing common-law and Christian tenets. This concept of common-law is in contrast to written and legislated, or codified, laws (Meyer & Grant, 2003, p. 10). Others originate in the legislative process described above. In more recent history, the application and abuse of these concepts have led to challenges that require us to return to the roots of our country. Careful examination of the United States Constitution can guide us through the maze of modern day legislation. Legal Precedent Stare decisis is the doctrine that allows for laws to be implemented as a result of a standing prior Judicial decision, or precedent, assuming that identical circumstances exist in which application of the ruling does not form an inconsistency. Exceptions to this doctrine are in cases when a compelling argument “exists to modify or overturn a prior 2
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United States Law Creation decision” (Meyer & Grant, 2003, p. 9). There exists a danger in the application of precedent in that judicial activism can become a form of abuse of power. Johnson (2005), " The view that the Supreme Court justices (and even other lower-ranking judges as well) can and should creatively (re)interpret the texts of the Constitution and the laws in order to serve the judges' own
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