Role of the United States Constitution Paper
The constitution and legal system of a country play an important role in governing the conduct of individuals, businesses as well as other organizations. The business sector is regarded as one of the most important area in a country because it largely contributes to its revenue and it also has a huge contribution in making the other sectors of the society to function. However, it cannot be prevented that there are problems that will emerge out of business operations. The private sector has its respective structure that governs business operations. Nevertheless, the government also has an essential part in making sure that businesses are properly regulated. The government accomplishes this responsibility by properly implementing the laws and provisions that are within the constitution and the legal system. The United States of America also gives due importance and consideration to the United States Constitution and its legal system when it comes to business regulation.
The law of the United States is primarily rooted from the English common and it was also influence by other legal systems like the Spanish and French civil law. Nevertheless, the sources of law in the United States are the “U.S. Constitution, state constitutions, federal and state statutes, ordinances, administrative agency rules and regulations, executive orders, and judicial decisions by federal and state courts” (Cheeseman, 2007, p.2). Businesses that are organized and established in the United States are subject to the laws of the country. They also have to abide by the laws of other countries, which they also have operations in. Those businesses that are organized in other countries also have to obey the laws of the United States when they have transactions and operations in the country. Moreover, businesspeople also have the responsibility to observe ethical standards in their decisions and actions, as businesses have the duty not to threaten or inflict harm to the well being of the society (Cheeseman, 2007).
The flexibility of the United States law is also essential because it adapts with the changes of societal norms, technology, and the development and expansion of commerce in the country as well as the world as a whole (Cheeseman, 2007). The flexibility of the law is indeed important especially in terms of business regulation because it is in the very nature of business operations that different problems emerge because of its fast pace and competitive way. Due to these, the issues and concerns that must be address tends to change rapidly and the United States law have the ability to deal with these concerns because of its flexibility.
The legislative and executive branches of the both the federal and state governments of the United States have the authority to create administrative agencies that also help in business regulation. Many of these administrative agencies are establish in order to regulate business. The Securities and Exchange Commission (SEC) and the Federal Trade Commission (FTC), which the Congress has created, could exemplify this. The judicial branch of the government, which is responsible in interpreting and implementing laws also substantially help in business regulation. This is proven by the presence of specialized courts that hear commercial disputes. In the state of Delaware, there is a special Chancery Court that hears and decides business litigation cases. Special Federal Court such as: the U.S. Court of International Trade and U.S. Patent and Trademark Office also help in business regulation, as they hear disputes that deal with tariffs and international commercial cases (Cheeseman, 2007, p.2).
Furthermore, in most states in the U.S., the state court has the ability to obtain jurisdiction over persons and businesses even if they are located in another state or country. This becomes possible because of the state’s long-arm statute. This kind of statute extends the jurisdiction of the state to nonresidents (Cheeseman, 2007, p.2). This statute proves the way by which the law of the United States is regulating business as they also include nonresidents of the country that also greatly participates in trading with the country.
The importance of the United States Constitution and its legal system could be clearly seen in various situations in the workplace. A good example of it is a specific issue that most organizations have to face and that is privacy. During this time of modernization wherein information technology has greatly developed, there are corresponding benefits and threats that emerged. The issue of privacy in the workplace could be regarded as a threat to the well being of employees as well as the community. Advancement in information technology has made it possible to hack in private accounts of people. These accounts include e-mails, credit card information, bank statements and others. In relation to these, privacy has also become an issue in the workplace because there are instances wherein employees are threaten by computer technology through electronic eavesdropping, video and sound recording equipment, and databases containing personal information (Rich, 1995).
Due to the fact that the issue of privacy in relation with these modern ways of invading an individual’s confidentiality has just recently emerged, the United States government has to establish new laws and interpret previous ones in a way by which its fits this modern problem of privacy. The aforementioned idea could be seen in the Fourth Amendment of the United States Constitution that protects people’s privacy by prohibiting unreasonable searches and seizures. However, the traditional definition of searches and seizures does not extend to the modern threats that are observable nowadays. The importance of the legal system and the flexibility of the U.S. laws becomes helpful in this situation, as the Supreme Court declared that electronic listening and recording telephone conversation without a warrant violates the Fourth Amendment of the U.S. Constitution. There are also court-made and statutory laws that are created in order to protect the workplace policies of employees (Rich, 1995). Despite the fact that the privacy law could still be enhanced, the process of development that it is going through still shows the importance of the U.S. Constitution and legal system.
Cheeseman, H.R. (2007). The Legal Environment of Business and Online Commerce:
Business Ethics, E-Commerce, Regulatory, and International Issue.
New Jersey: Prentice Hall.
Rich, L.L. (1995). Right to Privacy in the Workplace in the Information Age. Retrieved July
12, 2009, from http://www.publaw.com/privacy.html.