First Stages of the US Federal Law
July 18th, 2009 at 02:56am Under Constitutional Law
During 17th and 18th centuries, all colonies of Great Britain had a Constitution or an organizing Royal Charter. As soon as in 1776the United States became an independent country, thirteen states approved their specific constitutions, while the other two, Connecticut and Rhode Island, stayed under the imperial charters. According to the legitimate governments contract theory which was created to give explanation for English revolution of 1688, people of the United States trusted that there was a definite necessity to both limit and define the powers of legislative branches in Constitution. That way, the major importance on written form of Constitution was embedded in legal practice of England, while the necessity for Constitution was a result of the recently received independence.
The major advantage of English legal system was the privilege not to be taxed with no complaint in the taxing legislature and that factor was absent in the United States. Such rights became protected in America only in 1776; nevertheless, the assertion on addition of them to the Declaration of Independence finally made them essential to U.S. society’s basic rights.
All the way through the history of development and during the initial years of independence, the United States of America experienced two limits of nationwide government strength. From one prospective, Articles of Confederation guaranteed very little security of liberty and property rights, because administration was decentralized and, therefore, was powerless to offer the needed stage of security. Americans made a mistake by considering that democratically chosen distinct governments in all states in place of monarchy would guard both liberty and property rights. From the other prospective, the colonial regime of England was a faint imperial domination which deprived American population of basic liberty. After some time, U.S. federal law with its’ crucial foundation – Constitution of the U.S. – appeared as an answer to striking the right stability between the degree of order and freedom