Examination of U.S. law creation through common law heritage and court history

Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles.

Creation of Laws in the United States:

Most of the criminal laws that are currently used in the United States were established by the legislatures of each state. Despite of its importance as a source of criminal law, common law is rarely used in the current criminal justice system. This is shown by the fact that there is no federal criminal common law in the United States as the existing criminal law is the result of the political process. The political process contributes to the creation and implementation of rules by people to protect and regulate the behaviors of the nation's citizens and residents. The creation of the United States laws can be traced to the country's forefathers who established these laws by putting them into writing.

While its genesis is traced to the indigenous in England, the common law is an essential element that was used to create a system of trial by jury in the development of U.S. laws ("History of American Law," n.d.). Common law has become one of the most cherished components of the American Jurisprudence because it's an essential part in the country's administration of justice since the latter part of the 18th Century. The use of common law and its current function in the administration of the law was first developed during America's colonial period and times.

One of the major developments in the creation of U.S. laws was the period immediately after the Declaration of Independence. Following the declaration of independence, the first official articulation of the principle was made in 1776 resulting in the adoption of the first constitution by the State of Virginia. This proved to be a landmark in the country's lawmaking history as Virginia's constitution marked the beginning of all state constitutions in America. The constitutions then became integral parts of the law making process since they provided the framework for the establishment and implementation of the criminal and other laws. These constitutions played an integral role as they also enabled the development of legislative agencies to govern implementation of laws.

Special Considerations during the Creation of Laws:

The creation of U.S. laws also requires some special considerations in the entire processes of law making including & #8230;

Constitutionality:

One of the major special considerations in the creation of laws in the United States is the need for the laws to be constitutional. This is largely because the country's constitution and its amendment are the basis for legal rights and privileges of America and its residents ("Lawmaking in the United States," n.d.). The laws need to be constitutional because only laws that are within the Constitution's framework and the established legal precedents can be implemented and remain in effect.

Impact on the Society:

The other special consideration in the creation of laws in the United States is the need for these laws to reflect the needs of the entire society. Furthermore, these laws should not only represent the individual citizens in the society and country but they should also represent the legislators in the society. The impact of the laws on all facets of the society including individual citizens and legislators is a critical factor in their development.

U.S. Court History:

The other significant aspect of the creation of laws in the United States is the development of the country's court system. The United States courts were established based on Article Three of the nation's constitution that provided the Congress with the authority to create courts. One of the initial actions of the newly created Congress in the early 18th Century was to enact the 1789 Judiciary Act that contained provisions for the creation of the U.S. Supreme Court. The Supreme Court is the highest court in the United States though it had limited administrative authority over federal courts until 1934 (Kelly, n.d.).