Law Books

America has been a sovereign nation for nearly two-hundred and fifty years and over that time has amassed an unknown number of laws and case precedence. The standard form of compiling this wealth of information has consistently been through documents and laws books. Any lawyer facing a question or concern over a specific topic or legal conundrum will hit their law book filled with legal briefs and general court opinion.

* Though not often considered a plain law book in its own right, the US Constitutions remains as the backbone of the American legal system. Drafted in 1787 and ratified by the collective states by 1788, the US Constitution created the supreme law of the United States. Arguments over original intent and the meaning of certain sections has created an entire field of legal practice and likely has millions of publications and law books dedicated to its study. The constitution is made up of seven articles with the primary three creating the sections of the federal government; article one establishing the legislative branch, article two the executive, and article three the judiciary.

* Any lawyer or law student knows all too well about the law book called, Black’s Law dictionary. Next to the constitution, Black’s law book establishes the most important collection of briefs and opinions. Everyone, law students and average citizens alike, should own a copy of Black’s Law dictionary for general question on legal terms and concepts. Black’s Law dictionary now comprises several law books and print editions.

* The Internet created a public availability of legal information making the need for certain law books unnecessary. Still, the modern law book holds an important place in the American legal system that continues to shy away from a complete conversion to technology-based law books. Generally, there are two main types of law books; one that covers terminology and general concepts and another that specializes in specific fields of law.

Anyone interested in a career in law, or that simply holds an interest in the rule of the law, should start with the US Constitution and Black’s Law Dictionary. Lawyers and legal professionals recognize these two law books as the preeminent rule of thumb in American jurisprudence. Individuals without a legal education often shy away from the Latin terminology and archaic references that a law book tends to contain. Regardless of the inherent difficulty, all American citizens should have a basic knowledge of their rights and laws the govern them.

Old Law Librarie

The second home of law students, clerks, paralegals, lawyers, and judges will often be a law library. A modern American law library contain a wealth of information that most other public or private libraries generally will not contain. Specific information pertaining to American legal history and specific fields of law is best researched in law libraries that can be found in legal universities and state houses around the country.

* The most common place to find a law library would be at a law school. Any legal institution accredited by the American Bar Association is required to have a certain amount of space and materials dedicated to legal research. Law students will often spend most of their time studying in law libraries to find definitions on legal terminology and opinions found in important state and federal court cases.

* Generally, a law library contains specific information pertaining to legal study and opinion. Among the material available are fulls sets of judicial precedent on both the state and federal level. Law libraries will also have various other legal publications updated on a regular basis to provide students and legal professionals with updated laws and opinions crucial to the study of practice of law. Law reviews are also an important part of the legal profession and can be expensive to subscribe to on an individual basis.

* Just like many other forms of publications, the Internet has reduced the need for many of the extensive back volumes a law library will often hold. Since the legal profession is ripe with old-fashioned tradition, law libraries are still often preferred for research and study. Also, many online publications require a hefty membership fee but will often be provided in law libraries around the country.

* Another general location for a law library would be state houses and court houses across the country. Unlike more general law libraries, capital buildings and state house will often focus on their respective collection of state law and legal precedence. Another feature of law libraries in these facilities are extensive back logs of legislation that was introduced, regardless of its passage. These old bills and pieces of legislation are often difficult to find elsewhere, especially when they date back decades establishing trends and movements in law-making.

Law libraries are much like a right of passage for legal professionals. Most will remember the hours spent among the dusty legal books, scouring for one archaic case previously unknown to common study. Law is not just based on the facts pertaining to a specific case, but predicated on a long and twisted history of over-rulings and ground-breaking opinions.

Lawyer

The legal system continues to grow and adapt to a changing world. Keeping that in mind, the need for lawyers has never been higher and continues to show stark increases that are expected to continue over the next few years. The steps to becoming a lawyer are much like becoming a professional in any field but maintains its own specific set of challenges. Dealing with the troubles of clients on a daily basis can become a grueling endeavor and can begin to weigh on a lawyer after years of practice.

* The first step to becoming a lawyer is to complete high school with high marks to ensure acceptance in a good four year college. Lawyers can major in pretty much anything but some subjects have certain cross-over potential that may benefit someone later in life. Some of these majors include; pre-law, history, political science, or business.

* Following completion of a four year college, a prospective lawyer will have to take the LSATs and hopefully score in a top percentile. Law schools look at a combination of college grade point average and LSAT scores to determine placement. Many other factors can come into play like volunteer work or possible legal based work that puts you at an advantage for later work as a lawyer.

* After finishing the three years of law school a prospective lawyer should seek work in the applicable field of law as a clerk or similar role for a law firm. Shortly after graduation, lawyers claim a jurors doctorate but will still have to take a bar exam in the state they want to practice. After passing the bar exam a lawyer officially receives their license to practice.

* At this point an individual joins the ranks of lawyers and legal professional but will often have to work their way up to become truly successful. Getting a job as a lawyer with a big firm will help to spread your name to prospective clients. Many lawyers find it difficult to begin at large firms because of the amount of research and grunt work it requires. Students learn about high-minded forms if litigation and legal practice only to start again at the bottom rung.

* Usually, a first year lawyer does not get the chance to handle their own cases or litigation especially in bigger firms. Success will often be gained by working hard until the time cases are given and then winning those cases with integrity and compassion. After an extended period of time at the same law firm, lawyers work towards becoming partner, which brings along with it added responsibility and prestige.

Based on the nature of being a lawyer, new clients will often come on a referral basis or due to the prominence of a law firm. Individuals considering legal advice will often go to friends for suggestions on choosing a lawyer and pass along the name when someone asks them. Success on any prominent cases can send a lawyer into the legal spotlight and allow them to venture out to create their own law firm and clientele.

Attorneys

Commonly held views of attorneys are often wrongfully negative. People assume them to be sharks that prey on innocent defendants without little care or interest in the actual case. Although this may be true for a select few, most attorneys enter the legal world based on a passion of law and justice. Also, the vast majority of attorney don’t actually litigate and work in any number of other fields that require legal expertise. An attorney maintains specific advantages when approaching a career choice due their specific knowledge that the majority of people lack.

* Every American attorney must be accredited by the American Bar Association to practice law. The most obvious function of a practicing attorney is to study and practice within the direct field of law. Due to the hundreds of legal fields, an attorney can become an expert in any number of legal fields of study. Many attorney comprise law firms that either share a focus on a specific field of law or offer general services that can be used in any type of case.

* Many attorneys choose not to actually practice law and dedicate their expertise to other causes. Attorneys in the public sector often advice not-for-profits or engage in politics. Since the realm of politics is based on the creation and enforcement of law, many state and federal lawmakers began their careers as attorneys. The government also employs lawyers at a high rate to review the implications and intent of certain happenings and possible laws.

* The vast majority of federal and state judges are attorneys in their own right. Many judgeship positions are seen as the apex of legal work and many attorney aspire to decide on the law rather than simply study or litigate. State and federal judges are awarded their positions pursuant to the governing laws of that jurisdiction, but generally judges require an appointment or general election.

* Essentially, every field of employment in the United States requires some type of attorney or legal advice. Business, medicine, and labor all require governance and laws that only specially trained attorneys can advise on. Many of the aforementioned fields will employ attorneys specifically to their business or organization to ensure proper practice of law and protection from lawsuits.

Those considering becoming an attorney should be aware of the vast opportunity that comes with a law degree. The field of law encompasses every function of American life and will never fade away. Although attorneys can clearly be unemployed, the majority can choose a field of work and life that they enjoy and love. Most other professions can not boast the options that attorneys have at their fingers.

We the People

“We the people,” remains as one of the most important political statements in world history. The first three words of the preamble to the Constitution situated the entire American government. “We the people” sat in direct contradiction to the European monarchies and created the first republic since the Romans nearly two-thousand years earlier. The constitutional preamble situated the new American government in 1789 as the first democratic republic and many world powers assumed it would fail within a few years.

* The constitution was a combination of work that was compiled by otherwise dissimilar political leaders, as illustrated by the combining forces of Alexander Hamilton and James Madison. Representing the two largest and most important states, Virginia and New York, Madison and Hamilton probably disagreed on every form of political philosophy. However, both individual lived by the preamble and the philosophy set-forth in “we the people.”

* As such an important political document in world history, put alongside the Magna Carta, the American Constitution is currently the shortest constitution governing any country. The reason for the brief measure of the Constitution is the focus of the preamble. “We the people” set-forth a nation predicated on the will of popular sovereignty–at least on paper–and refused to delegate every specificity on national governance for the future.

* Although the preamble and sentiments of “we the people” represents a major shift in world thinking, the Constitution remains a flawed document. Since thirteen individual colonies had to agree and pass the measure, certain facts are still an embarrassment to this otherwise exalted document. Once the decision was made to make the United States a bi-cameral system–consisting of two houses in Congress–arguments broke out over how to properly elect officials. If voting was based on population, states like Rhode Island would have little voice but if it was based on set numbers then states like New York would have there citizens represented at a smaller percentage. The agreement to utilize both forms created the three-fifths compromise. Still in the Constitution, the three-fifths clause sets forth that all slaves would count as three-fifths of a person for population purposes. In addition to this horrible affront, all the Southern colonies refused to be party to a Constitution that could outlaw slavery. In order to compromise, there was placed a gag rule disallowing any talk of slavery for a set amount of time.

The Constitution is far from a perfect document, representing a collection of political philosophies and prejudices. But, allowing “we the people” to begin the preamble allowed later advancement in social theory. Rather than a document fixed in time, the Constitution sits as a living document that needs to be reevaluated and examined with every subsequent generation.

Second Amendment

Considering that the Constitution was written in 1787, the fact that 2nd amendment rights are still argued over points to the nature of the document. The argument goes beyond the right to bear arms and the second amendment, but rather is an ever-evolving conversation on the Constitution itself. Two central parties exist when interpreting the United States Constitution. Many attest that the Document should be considered as fixed in time and as such, makes concrete statements regarding law and governance. On the other hand, many scholars state that the Constitution and the 2nd amendment need to be viewed as a living entity, a document that changes and progresses with each generation.

* Many people accept the second amendment as proof of the right to bear arms. Taking a closer look at the actual text of the 2nd amendment may paint another picture all together. The second amendment read as such; “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” Clearly, the text as written states nothing of an individual right to bear arms.

* This is not to say that the American Constitution disallows the right to bear arms, but the 2nd amendment does not really state anything beyond the recognition of a well regulated militia. In modern times, a well regulated militia does not exist but the second amendment refers to the way the continental army functioned during the Revolutionary War. Since America never existed as a nation they lacked a central military force, instead, the army functioned as separate “minute-men” or militias overseen by a central hierarchy.

* At this point, its required to take a second look at how one interprets the Constitution. Some state that everything in the Constitution is legal, and unless case precedent explicitly allows something, then the action is illegal. Others claim that the Constitution provides a foundation that requires blocks to be built on top to determine illegality or legality. The 2nd amendment does not explicitly refer to an individual but many in the former camp say that the intent of the right remains the same. Opposition parties state the later shows that the founding fathers lived in a different time and these rights require formulation by subsequent generations.

Clearly, there is no inherently correct argument surround the 2nd amendment. In accepting one side completely, however, there lacks the full contemplation that the Constitution requires.

First Amendment

At the time the Constitution was ratified, many felt it to be an incomplete document. Many pushed for a bill of rights prior to the collective consideration by the states but this proved impossible. The Constitution still passed and it became the issue of the first congress to create a body of amendments to guarantee Americans several core rights.

* James Madison, the father of the Bill of Rights, introduced a set of ten amendments in 1789. The legislation was ratified in 1791 and the central creation of American jurisprudence began. Many consider the 1st amendment to encompass everything that the American nation came to embody.

* The first amendment enumerates the right to; speech, religion, press, petition and assembly. This is not to suggest that 1st amendment rights are absolute or that they have not been impinged upon time and time again.

* Probably the first gross mistreatment to the first amendment came during John Adam’s presidency. Due to growing discontent throughout the states, individuals around Adams urged him to pass the Alien and Sedition Act. Among other things, this act sat in direct conflict to several 1st amendment guarantees by disallowing any criticism of the national government. Adams was scorned by this measure and it remained the worst action of his otherwise illustrious career.

* The guarantee of the five central tenants can not be endless and ever since their ascension into law, several legal measures have been established to reign in these first amendment rights. Throughout the course of American history all of the 1st amendment rights appear on a sliding scale of impingement.

* During war time, all of these rights have been ignored over and over again. For example, war protests during the 1960s were often met with swift reverberations from police power. Another example is illustrated during the red scare of the 1950s. Anyone perceived to be or even associated with communist ideals could be jailed or at the very least, publicly embarrassed. Obscenity also poses difficulty to absolute 1st amendment guarantees. Court cases and laws dealing with obscenity or pornography often receive skepticism due to their inherent impingement of first amendment guarantees.

Court cases dealing with 1st amendment rights continue to come up on a yearly basis. Decisions are often overturned or enforced, laying down yet another layer of interpretation for the implcations of the first amendment of the Bill of Rights.

American Constitution

The founding fathers recognized the need for future officials to add amendments to the Constitution. Unlike a bill passed by Congress, or act issued by a President, an amendment requires a special process not easily overturned unless by another amendment. There are currently 27 amendments to the American Constitution. Congress can pass an amendment through one of three measures. The amendment needs to be introduced into congress and approved by two-thirds of both the Senate and House of Representative, then delivered to the state to approve. A special convention can be convened to ratify an amendment. Or, state legislatures can call for Congress to issue a constitutional convention with two-thirds support.

* The first ten amendments were passed in conjunction and commonly referred to as the Bill of Rights. They deal with specific issues of inherent right that the Constitution did not explicitly state. James Madison sponsored the Bill of Rights and was a champion of their intent even prior to the ratification of the Constitution.

* Following the Bill of Rights, only one other occasion warranted the passage of more than one amendment at the same time. Commonly referred to as the Civil War amendments, amendments thirteen, fourteen, and fifteen were passed immediately following the Civil War. The thirteenth amendment explicitly outlawed slavery while the fifteenth disallowed voting discrimination based on race. The fourteenth amendment is known to be the most important amendment following the Bill of Rights due to its widespread application and inclusion of due process of law offering equal protection to all citizens.

* Although the Civil War amendments extended voting rights, women were still not allowed to vote until well into the 20th century. Ratified in 1920, the nineteenth amendment disallowed any discrimination of voting rights on the basis of sex, finally granting women suffrage and widespread voting inclusion under law.

* The only time a special convention was issued to ratify an amendment was in response the the twenty-first amendment. In 1919, an amendment was issued to instill prohibition laws disallowing the consumption of alcohol. The failure of this amendment to inspire any real national change beyond granting another economic incentive to mobs, cause the repeal of this amendment through the twenty-first amendment. In 1933, prohibition was repealed marking the first time state conventions ratified a Constitutional amendment.

The Constitution can change at any time due to the power of amendments, but considering the polarizing split in Congress another amendment anytime soon does not seem likely

Federalism

Federalism was one of the main beliefs of the Founding Fathers. Before the Revolutionary War, the thirteen colonies lacked any integration or central power structure beyond the English monarchy. Even for several years after the Revolutionary war was one, the colonies maintained a loose collaboration under the Articles of Confederation, a body holding no central power beyond that granted by the collective states. The idea for national interest to cede states power seemed impossible to the Founding Fathers.

* Federalism refers to the shared control by two bodies over the same area. The best example of this is the American system which maintains separate States power over jurisdictional lines, but that still submits to a national interest controlled by the federal government. It is important to note that the founding father saw the growing nation as a representation of federalism, but most favored states power over the federal government. One possible explanation for this is the way that colonists saw themselves. In almost all cases the founding fathers saw themselves as say Virginians first, and Americans second. This sentiment illustrates nothing more than the nation was brand new and lacked true identity at that time.

* After Washington’s inauguration, federalism was still strong but with states power slowly starting to ween. The first real effort to guarantee a national interest was completed by Alexander Hamilton. Interestingly, Alexander Hamilton never saw himself as a New Yorker due to his birth in the Bahamas. What he saw of America was the revolutionary fervor and that is all he cared about. Hamilton’s three-pronged financial system establish a system of national debt and banking establish the federal power as the new nation’s purse. The deal was hashed out with Thomas Jefferson for a trade to make the national capital in Virginia–Jefferson stated numerously after this time that it was his biggest regret of his political career.

* States power in the realm of federalism continued to ween until a last ditch effort by Southern states to cede from the Union leading to the Civil War. Many see the Civil War as a fight over the injustices of slavery, which it was in part, but many at the time saw it is a larger pull away from national interest and a fight for self governance.

America is still a society predicated on federalism. The vast majority of laws in this country are still made on the state level. States power would never return to the pre-Civil War days, however, after the introduction of the fourteenth amendment. After the ratification of the Civil War amendment–thirteen, fourteen, and fifteen–the national interest would always trump states power and rights.