Why Does Every State In America Have Its Own Laws and Random Rules?
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| Why Does Every State In America Have Its Own Laws and Random Rules? |
| Table of Content |
Most Americans have more frequent contact with their State and local governments than with the Federal Government. Police departments, libraries, and schools—not to mention driver’s licenses and parking tickets—usually fall under the oversight of State and local governments.
Each state has its own written constitution, and these documents are often far more elaborate than their federal counterpart. The Alabama Constitution, for example, contains 310,296 words—more than 40 times as many as the U.S. Constitution.
All-State governments are modeled after the Federal Government and consist of three branches: executive, legislative, and judicial. The U.S. Constitution mandates that all states uphold a “republican form” of government, although the three-branch structure is not required.
State law follows a similar process but at the state level. State legislatures create and pass bills and the governor signs them into law. State courts may review these laws and remove them if they think they do not agree with the state's constitution.
Distinctive Features of the American Legal System
American society at that time had specific features, so it had to apply its own laws built on the basis of the Bible.
The development of the American legal system The British appeared in North America in the 17th century to 1722 in North America, there were 13 British colonies, but at this time British law was not suitable to the conditions and circumstances of America at that time. American society at that time had specific features, so it had to apply its own laws built on the basis of the Bible.
After the US declared independence in 1776, British law and American law became two independent legal systems, the US legal system has both relative stability (based on the US Constitution) and regulatory nature. flexible adjustment (based on case law), the American legal system is a federal legal system, while the British legal system is a unitary legal system; However, these two legal systems still have a common foundation, American law still uses the concepts, arguments, theories and legal sources of English law.
The source of American law is mainly written law, the US Constitution (1787) is the first written constitution in the world's constitutional history and the oldest Constitution still in force. The US Constitution is not only of ceremonial value but is in fact the basis of the American legal system.
The states of the United States also have their own constitutions drawn up and promulgated based on the federal constitution. Federal law is superior to state law, but in principle legislative power rests primarily with the states. In the US, there are 50 states equivalent to 50 legal systems, but they also exist in a unified whole because when drafting legal documents, states often refer to the laws of other states and often do not enact laws. The law is too different.
The court system in the United States consists of federal courts and state courts. Federal courts include ordinary courts and specialized courts; Ordinary courts include the federal supreme court, the federal court of appeals and the federal courts; Specialized courts include tax courts, appeals courts and international commercial courts. State courts include the Supreme Court, the Court of Appeal and the Court of First Instance.
Between the federal courts and the state courts, in principle, the state courts have more jurisdiction than the federal courts, the federal courts have jurisdiction only when the case concerns the interpretation of the federal constitution and the federal courts. federal law. State courts handle 95% of cases and in cases under the jurisdiction of state courts, decisions of state courts are final and cannot be appealed.
What are state laws?
There are 50 states and several commonwealths and territories within the United States. Each has its own system of laws and courts that handle:
♦ Criminal matters
♦ Divorce and family matters
♦ Welfare, public assistance, or Medicaid matters
♦ Wills, inheritances, and estates
♦ Real estate and other property
♦ Business contracts
♦ Personal injuries such as from a car accident or medical malpractice
♦ Workers' compensation for injuries at work
What difference between state laws and federal laws?
Federal law is created at the national level and applies to the entire nation (all 50 states and the District of Columbia), and U.S. territories. The U.S. Constitution forms the basis for federal law; it establishes government power and responsibility, as well as the preservation of the basic rights of every citizen.
State law is the law of each separate U.S. state and is applicable in that specific state. The state law applies to residents and visitors of the state, and also to business entities, corporations, or any organizations based or operating in that state.
When a state law is in direct conflict with federal law, the federal law prevails. State law can afford more rights to its residents than federal law but is not meant to reduce or restrict the rights of a U.S. citizen.
Each state also passes its own laws, which you must follow when you are in that state. If you live in Michigan, for example, you would follow the laws of that state as well as the Federal laws.
Issues under the Jurisdiction of Federal and State Laws
Following are some of the issues that come under the federal law:
→ Immigration law
→ Bankruptcy law
→ Social Security/SSI laws
→ Civil rights law
→ Patent and copyright laws
→ Federal criminal laws (i.e. money counterfeiting)
The following issues are determined and legalized by the state:
→ Criminal matters
→ Divorce and family matters
→ Welfare, public assistance or Medicaid matters
→ Wills, inheritances and estates
→ Real estate and other property
→ Business contracts
→ Personal injuries such as from a car accident or medical malpractice
→ Workers compensation for injuries at work
How Laws Are Made in the US and How to Research Them
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| Photo: paycom |
The president creates many documents to issue orders and make announcements. These presidential actions can include executive orders, presidential memoranda, and proclamations.
Congress is the legislative branch of the federal government and makes laws for the nation. Congress has two legislative bodies or chambers: the U.S. Senate and the U.S. House of Representatives. Anyone elected to either body can propose a new law. A bill is a proposal for a new law.
Federal laws apply to people living in the United States and its territories.
Congress creates and passes bills. The president then may sign those bills into law. Federal courts may review the laws to see if they agree with the Constitution. If a court finds a law is unconstitutional, it can strike it down.
Type of Presidential ActionsExecutive OrdersAn executive order has the power of federal law. Presidents can use executive orders to create committees and organizations. For example, President John F. Kennedy used one to create the Peace Corps. More often, presidents use executive orders to manage federal operations. Congress may try to overturn an executive order by passing a bill that blocks it. But the president can veto that bill. Congress would then need to override that veto to pass the bill. Also, the Supreme Court can declare an executive order unconstitutional. Presidential MemorandaPresidential memoranda are like executive orders. The president can use memos to direct government operations. But presidential memos are not numbered when they are published in the Federal Register, as executive orders are. Presidential ProclamationsPresidential proclamations are statements that address the public on policy matters. They are mainly symbolic and are usually not enforced as laws. |
Different State Laws
Some state laws that differ from state to state are gun control laws, custody laws, divorce laws, motor carrier laws, business laws and marriage laws. Gun laws and same sex marriage laws have most recently been in the news. Both of these topics are controversial and hotly debated. What is legal in one state may not be in the next. When cell phones were becoming popular, it would be common for drivers to engage in conversations while driving. Little by little individual states began to ban cell phone use while driving. You could start the day driving in Maine, where cell phone use was acceptable and end up getting a ticket in Massachusetts where it may not be legal.
Various licenses differ from state to state as well. Some states may not have a requirement for a fishing license while the next one does. Licenses for nursing may require different education and skills. Licenses for a lawyer may be different. A lawyer will have to get a license to practice in each state he wants to work in. Even emergency medical technicians have different licenses depending on the state. The requirements and training may differ.
It’s always a smart idea to check any differences in law when visiting another state. Don’t assume that you can turn right on red everywhere just because you can in your home state. You may be in for an expense lesson, a ticket.
Why Do States Have Different Laws?
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| Photo: epic |
Federal laws are generally applicable in the same way across all state borders. However, under constitutional laws, states are allowed to create, implement, and enforce their own laws in addition to federal laws. This is because every U.S. state is also a sovereign entity in its own right and is granted the power to create laws and regulate them according to their needs.
Another reason behind this is that each state has unique characteristics in terms of factors such as:
→ Geography and natural resources
→ Location
→ Demographics of the population
→ Historical operations of the business, commerce, and industry
→ Public policies and community standards in the state
What Are Some Types of Laws that Are Different by State?
Some laws, such as certain voting laws and criminal laws and statutes, tend to be somewhat uniform across states. However, some areas of law can be very, very different from one state to the next. Some types of laws that can vary widely across state regions include:
→ Gun control laws– these are often dependent on crime rates in the area
→ Child custody laws
→ Trucking and motor carrier laws
→ Business and corporate laws
→ Marriage licensing laws, especially with regards to same-sex marriage
Thus, one should be aware of legal issues that might arise when moving from one state to another, or when traveling to several different locations in the U.S. This especially true when it comes to licenses that are issued in one state, which my not be honored in another state.
Why do states have to follow certain rules?
The federal government has broad powers under the Supremacy Clause to create, regulate, and enforce the laws of the United States. The concept of federalism, or that of federal power, has a long-standing history dating back to the late 1700's, during the time in which the nation's founding fathers signed the U.S. Constitution. Among those powers, the federal government has certain express (or "enumerated") powers which are specifically spelled out in the U.S. Constitution, including the right to regulate commerce, declare war, levy taxes, establish immigration and bankruptcy laws, and so on.
Not only does the federal government have express powers under the U.S. Constitution, it also has implied powers, or powers not specifically mentioned in the Constitution. This was the decision in the landmark Supreme Court case of McCulloch v. Maryland. For example, the Constitution does not expressly mention the right to privacy, or the right of people to adopt, or seek an abortion, however, these rights can be inferred by the Constitution itself, or from the later amended Bill of Rights.
Whether express or implied, federal law will almost always prevail when it interferes or conflicts with state law, except in circumstances where the federal law is deemed unconstitutional, or where the Supremacy Clause does not apply. However, there are plenty of examples where tension between state and federal law remains unresolved. For instance, several states have legalized both the medical and recreational use of cannabis (marijuana), which is still a Schedule I controlled substance under federal law. In this case, it's mostly a matter of political will and resource allocation.
To that end, people living within the U.S. should be aware of the broad powers of the federal government, especially on issues affecting their daily lives, such as bankruptcy issues, discrimination claims, immigration challenges, federal taxation, and many others. A constitutional law attorney can help with the construction and interpretation of a federal law as applied to a particular state law.
Who makes laws for a state?
All 50 States have legislatures made up of elected representatives, who consider matters brought forth by the governor or introduced by its members to create legislation that becomes law. The legislature also approves a State’s budget and initiates tax legislation and articles of impeachment. The latter is part of a system of checks and balances among the three branches of government that mirrors the Federal system and prevents any branch from abusing its power.
Except for one State, Nebraska, all States have a bicameral legislature made up of two chambers: a smaller upper house and a larger lower house. Together the two chambers make State laws and fulfill other governing responsibilities. (Nebraska is the lone state that has just one chamber in its legislature.) The smaller upper chamber is always called the Senate, and its members generally serve longer terms, usually four years. The larger lower chamber is most often called the House of Representatives, but some states call it the Assembly or the House of Delegates. Its members usually serve shorter terms, often two years.
The role of state law in the Federal system
The Constitution specifically prohibits states from passing certain types of legislation (participating in a treaty with a powerful country is not granted a new term by the Constitution to the role of a foreign state, issuing money). Article VI (Supreme Article) also does not allow state laws to contravene the Constitution and federal law. However, a large portion of the legal system remains under state control. The Constitution carefully stipulates the areas in which the National Assembly is authorized to make laws. The Tenth Amendment to the Constitution (1791) made it clear that state law should control other areas: "Authorities vested in the United States, nor shall the states be prohibited by the Constitution from holding such powers. , then to the states, or to the people, respectively".
However, there was still a tug-of-war between the federal government and the states over slavery and the supremacy of the states to secede from the union. The Civil War of 1861-1865 resolved both of these problems. It also sets forth genders in the legal system: according to the Fourteenth Amendment to the Constitution (1868), "No state may ... deprive any person of the right to life, liberty, and property rights of any person. without due process; or deny the right to fair protection of the law to any person in its jurisdiction". This amendment greatly expanded the ability of interstate courts to nullify state law. In Brown v. Board of Education (1954), under this "fair defense clause," the court prohibited the Arkansas education system from segregation of students by race.
Beginning in the twentieth century, a number of trends have emerged that have shaped the above issue - the emergence of the state-administration question, a broader and stronger judicial interpretation of the concept " due process" and "fair protection", as well as the expansion of the power of Congress to regulate commerce. These two trends, combined, have increased the role of the federal government in the legal system. But nonetheless there are many areas of the legal system that remain under the jurisdiction of the state. Although no state has the right to refuse to grant its citizens rights protected by the Constitution, many states interpret their own constitutions in terms of granting more broad rights and privileges. State courts that apply state law continue to hear most contract disputes, as well as criminal cases, and non-contractual civil liability legal actions. Family law, including marriage and divorce, is almost exclusively a matter of state jurisdiction. For most Americans, touching the legal system means only touching the police officers, state courts, and district and subdivision governments within that state.
This section only points out some representative issues of the legal system. The rest will go into detail, adding and deepening. Will describe how federal and state courts are organized in turn. Explaining a complex issue is jurisdiction (jurisdiction). Will draw the line between federal and state courts, and explore prosecuting (who gets sued), and the types of cases heard by the courts. The content does not focus on the court but redirects to consider the groups standing in front of the court. Will study legal practice in the United States, and describe typical litigants. The content also explains the role of interest groups in pressuring legal cases to strengthen their socio-political position. It examines in detail how courts handle criminal cases, and focuses on civil cases. The content also describes how to select US judges. And the last section will examine how judicial decisions, especially those of the higher courts, can constitute a form of policy-making in and of themselves and thus further entwine the judiciary in a complex relationship. complicated with the legislative and executive branches.
One of the most important, interesting, and perhaps most confusing features of the American judiciary is the dual court system; that is, at each level of government (state and national) there is a separate court system. Therefore, there is a separate court system for each state, one for the County of Columbia (Washington, D. C) and one for the federal government. Some legal issues are resolved entirely in state courts, while others are resolved entirely in federal courts. But there are other issues of interest to both adjudication systems, and sometimes collisions arise. Federal courts are discussed in this chapter, and state courts will be considered in the text.
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