Law Opinion Paper |
CJS220 8-20-2012 Julie Hershenberg |
Chris Cue |
As a democracy, the United States is governed by laws enacted by public officials. The legislative, executive, and judicial branches of government work together as a system of checks and balances. A single branch of government is not free to act on its own accord; oversight from the other two branches is required. The legislative branch, at both state and federal levels is responsible for enacting laws. The executive branch controls law enforcement agency practices. Upon enactment, the executive branch is responsible for enforcing laws. The judicial branch acts as a median between the legislative and ...view middle of the document...
Judges often apply rules of law from previous cases to current cases, when similar in content. This prevents judges from viewing each case as completely new. However, precedent or stare decision is not applicable to cases that provide compelling reasons for modifying or overturning prior decisions—in part or in full—that require change because they are incongruent with fairness or justice.
Medieval English judges made man civil and criminal decisions according to codification common law; legal registers did not contain written documentation of these codes. For the United States, codification played a very important role in the development of legal systems. Relative to how the Anglo-Saxons wrote and recorded simple codes of pre-existing customs, codified law derived from written statutes or codes maintained by the government. Today in America, legislatures gather together in an effort to create and enact new codes or statutes; the judiciary reviews and decides the soundness of these laws, and executives enforce these laws.
One law to have in the United States that will decrease the numbers of state assistance recipients would to require recipients to be drug-free in order to receive benefits. I believe that all recipients of public assistance should be tested for drugs. I feel this law would cut unemployment pay outs and decrease the number of welfare recipients. I see so many individuals that are abusing the system and are not giving anything back to society. Our government is making budget cuts in the wrong places. I am a working citizen that has to pay for my own health insurance and taxes to those that are abusing the system, which I don’t find fair. I understand this law wouldn’t be the answer to all our money issues, but it sure would help. To gain control over this issue, a law must be passed to help reduce the rate of money and people that are welfare recipients. In fact this law has been passed in a few states, and more are soon to vote on it for other states.
Legislatures write and enact laws that describe and respond to identified problems at hand. In response to failed efforts to prosecute...