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History of Law in the United StatesThe history of law in the United States begins far before the colonies ever began taking shape, and long before Columbus ever set foot on Hispaniola. Indeed the law of the United States has its very earliest beginnings in the Athenian Constitution, as handed down to us through the writings of Aristotle. The ideas set forth in that old document over 300 years before the birth of Christ have evolved and changed over the years, indeed, are still evolving and changing to this day. However, the Athenian Constitution and other historical documents have had a profound impact on law in the United States. The Athenian constitution, handed down to us through the writings of Aristotle. Indeed, most experts agree that the basic structure and form of the government of the United States is heavily inspired by the Athenian Constitution. Indeed, our three branches of government with its checks and balances can be traced directly back to the Athenian Constitution. Another document that U.S. law draws heavily from is the Magna Carta of 1215. This is the document upon which English, and therefore American common law is based. It outlines the basic liberties and rights which were to be enjoyed by all people living in Britain at the time. Much like the U.S. law sets limits on the power of the government, the Magna Carta of 1215 set limits on the powers of the king. The influence of the Magna Carta is most plainly seen in the U.S. Bill of Rights. Basically, the United States, even though it fought vigorously for its freedom, borrowed heavily from English common law to create our own system of laws. Over the years, different periods in American history have seen the ebb and flow of laws. At some points in history, state law was considered more important than federal law, while at other times, like now, federal law is considered paramount. How the laws are applied also evolves and changes over the years. Some laws are strictly enforced while other laws are basically ignored. In a few years, enforcing another set of laws may become important to officials while other law fall to the wayside. For example, you have probably heard about laws in certain locations forbidding women from wearing red dresses or another law punishing men for cursing within ear-shot of a woman. Perhaps the most important aspect of the history of U.S. law isnt where the idea of the law comes from, or how it is enforced, but how the law comes to be. These days, it seems that many laws are created directly through a public referendum. It wasnt that long ago say the 1950s, when basically the only time people voted was when they were voting for their representation. Today, there are all sorts of local and state referendum on the ballots. Indeed, many of the most contentious social issues today are settled not in the state and national senate and house chambers, but in the ballot boxes of the local communities. The most important thing to realize about the history of U.S. law is that it is a work in progress. It evolves and changes, even when it doesnt seem like it is changing. Although the roots of U.S. law stretch back almost 2,500 years, our system of laws and rights is uniquely our own.
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