Free Term Paper On Law

Aspects that Provide for Legitimacy of Federal Laws and Regulations in America

Federal regulations and laws in America apply throughout the country, including individual states that build up America’s entirety. The existence of the regulations, however, owe to various aspects within the country that govern and limit their application. Generally, the American Congress ensures the passing of regulations and laws that govern the country, and additionally authorizes various federal agencies to create and enforce the regulations (Bumgarner, 2006, p. 4). The Administrative Procedure Act, for instance, governs administrative agencies’ proposal and establishment of laws. In addition, the Housekeeping Act, the Congressional Review Act, the Paperwork Reduction Act, and the Regulatory Flexibility Act govern and impose limitations respectively in the formation and implementation of American laws. On the other hand, the general process of law proposal, formation, and approval is an aspect that ensures legitimacy and authentication of federal regulations and laws (Funk, Lubbers, & Pou, 2008, p. 47)

Separation of Powers and Issues Related to States’ Rights

Separation of powers includes a doctrine that allows for the distinction of the government’s Judicial, Executive, and Legislative branches in order to avoid power abuse, and to ensure ‘checks and balances’ within the three arms (Bumgarner, 2006, p. 5). The Legislative branch ensures effective formation of laws in America, the executive vests absolute power to the president as the commander in chief of the armed forces, and the Judiciary has the power to make case decisions and controversies.
Equally, states’ rights include political powers entitled to American states rather than the county’s federal government (Bumgarner, 2006, p. 18). There exists a series of issues and controversies over the general states’ rights, among which include the question of tariffs and trade, slave laws, and state secession. Currently, the death penalty, gay marriage, assisted suicide, and the issue of whether to authorize states on using marijuana as medicine are the states’ rights issues that are prevalent in America.

Impact of Federal Regulations on the American Average Person

A state or government agency is a semi-permanent or permanent organization responsible for administration and oversight of government functions, and the federal system that incorporates the state government establishes it. In addition, executive powers and legislation may contribute in the establishment of agencies (Funk, Lubbers, & Pou, 2008, p. 48). Consequently, agencies contribute to the implementation of government regulations and rules, under the supervision of the congress and the Administrative Procedure Act. Prior to the implementation of regulations, the Congress proposes a rule, which has to undergo various stages for approval. The approval process, following the proposition of the rule, includes the president’s approval or vetoing of the bill. Once the president approves it, the law becomes a statute or act. Consequently, in order to put the rule to work, an agency publishes the final rule in the Federal Register and instructs on what is legal and not. Finally, the agency ensures codification of the final rule in the Code of Federal Regulations (Funk, Lubbers, & Pou, 2008, p. 52).
The American average citizen may experience a series of impacts following the implementation of federal regulations. Consequently, the average individual may experience a series of losses owing to the prevalence of business regulations, which may equally raise the tariff rates (Funk, Lubbers, & Pou, 2008, p. 46). In addition, the individual may suffer from high taxation rates that may be a consequence of a drop in the economy, owing to prevalent regulations. Furthermore, regulations influence the general capital and labor allocation of the average American citizen by raising new hires’ costs and encouraging individuals’ investment in various favored technologies. Positively, the regulations may facilitate for higher minimum salaries and reduce pollution rates in America (Bumgarner, 2006, p. 7).

Conclusion

In conclusion, the federal regulations and laws govern and regulate the conduct of American citizens, and in turn, the APA and the congress legitimize the formation and the implementation of the rules. The legislature therefore spearheads the formation of law, while the executive and judiciary have respective functions and distinct powers in the government.

References

Bumgarner, J. B. (2006). Federal Agents: The Growth of Federal Law Enforcement in America. Westport, CT: Greenwood Publishing Group.
Funk, W. F., Lubbers, J. S., & Pou, C. (2008). Federal Administrative Procedure Sourcebook. Chicago, CA: American Bar Association.