Primary because it allocates power between the

Primary and secondary sources are the main source of
legal resources, which is the information that primary sources will have an
influence or represent authority, such as laws, directions, orders, and decisions.
Secondary sources are tools that help in the interpretation of primary sources,
such as the interpretation of following: Legal Encyclopaedias, American
Reports, Legal Dictionaries, Legal Directories, Legal Periodicals, Digests,
Treaties. The relationship between primary and secondary sources in
constitutional law is very important in the sense that without written laws and
other primary sources the existence of constitutional law would be questionable.

The impact of primary and secondary sources in
constitutional law is enormous because of the importance of laws, directions,
orders, decisions as primary sources in the constitutions, where citizens of
certain state need to respect those legal guidelines where the secondary
sources are helping to interpret all those laws, norms, rules to help the
citizens to understand their obligations. It is crucial to understand how to
respect it which relates to what kind of penalties that law provides. The Constitution
is a source of law in at least three ways. First, it is a source of law in and
of itself; after all, it is the Constitution, “the supreme Law of the Land”1. Second,
the Constitution is a source of law because it creates and allocates power
between the legislative, executive, and judicial branches of the federal
government, which are other sources of law. And third, the Constitution is a
source of law because it allocates power between the federal government and the
states.2

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Legislative power originates from Article I in
Constitution of United States of America, its institution is Congress and it
separate two levels such as House of Representatives and Senate, there are 435
members of Congress. The members of Congress provide new statutes and statutory
law; they contribute to changes of old, ineffective laws, and recommendations for
environment changes in the society, as well as for benefits and interests of
citizens and the state. Legislative power adopts decisions based on
recommendation by its members or President United States of America. Executive
power originates from Article II in the Constitution of United States of
America, where executive power is given to President of United States of
America. Its institution is White House, wherein the President is one who
executes statutes or statutory laws, and its ministries or offices whose
jurisdiction over the specific departments in his supervision. It means that he
is allowed to advise or suggest amendments to specific laws. Executive Power is
binding order by President to administrative officials to execute its orders
that state’s laws obtain. Judiciary power originates from Article III in the
Constitution of United States of America where the Supreme Court is made by
nine justices where they interpret the statutes or statutory laws. There is one
Supreme Court, and there are federal and state courts where they are sources of
interpretation of laws. Jurisdiction of court power depends on the geographical
jurisdiction, subject matter jurisdiction, general jurisdiction, limited
jurisdiction, in personam jurisdiction, in rem jurisdiction, hierarchical
jurisdiction, original jurisdiction, appellate jurisdiction. Criminal
proceedings can be conducted under either state or federal law, depending on
the nature and extent of the crime. A criminal legal procedure typically begins
with an arrest by a law enforcement officer. If a grand jury chooses to deliver
an indictment, the accused will appear before a judge and be formally charged
with a crime, at which time he or she may enter a plea. The defendant is given
time to review all the evidence in the case and to build a legal argument.
Then, the case is brought to trial and decided by a jury. If the defendant is
determined to be not guilty of the crime, the charges are dismissed. Otherwise,
the judge determines the sentence, which can include prison time, a fine, or
even execution.3

The primary sources of law also leads to the landmark
cases, which represent the authority of Supreme Court of the USA, in order to
lead such cases it is important to see case brief, what kind of violation of
Constitution of USA is considered as violation. The oldest and most prestigious – that of the USA –
was adopted by agreement among the 13 states followed by ratification by
elected conventions within them; its Bill of Rights (technically, if
confusingly, called Amendments) was ratified by the State legislatures.4

Facts of the Case: The Governor and the Legislature of Arkansas directly
opposed the Supreme Court’s choice in Brown v. Leading group of Education. They
declined to obey court orders intended to execute school integration. Nearby
authorities deferred plans to get rid of isolated open offices. The holding of
the case was about the education of the Afro-American children with other
children where segregation of violation of the Constitution is deemed. Fourteenth
amendment rights to approach assurance. Despite the fact that the Supreme Court
did not offer any counsel on the best way to approach the integration
procedure, they demanded that it be done quickly. Judgment is unanimously
decision is to reject this case, The Court reaffirmed its responsibility regarding
integration and repeated that governing bodies are not at freedom to revoke
judgments of the Supreme Court. This case is important for development of the
education of United States of America, and the judgment of Supreme Court is irresistible.

The secondary sources of law would interpret this case
in order to understand what kind of case is about, and to interpret terms which
are unknow for the society. The main goal for the secondary sources is to get
more information’s about the case in order to see goal, whether is violation of
the Constitution of USA or not. The principle of secondary sources is to see in
the Legal Dictionaries, American Reports, Legal Encyclopaedias, Digests,
Treaties. Newspapers has obligations to inform in simple way from legal system
to let citizens know for every change in legal system, and citizens has
obligation to be advised and recognize all details and changes about some new
situation in state.

The primary and secondary sources of law play an
important role in the Constitution of United States, due to the importance of
society in USA and the diversities in population of state, all of them should
abide by the constitution and its laws for the benefit of society and the
state. In order to fulfil all the obligations of the constitution, the legal system
should receive a positive impact for all citizens of the United States. Certainly,
its not case for any state in the world, there is no perfect system which would
to everyone be honest and fair to the state’s interests, and to fulfil
obligations that one state obtains to the society, but state should publish all
information’s to the society and let them know for all impacts of primary and
secondary sources prevail the information’s through newspaper and other
resources that citizens use for information’s of certain state.

1  
“Businesslawbasics.com.” Chapter 5: Sources of Law, www.businesslawbasics.com/chapter-5-sources-law. (accessed January 9, 2018)

2 “Businesslawbasics.com.” Chapter
5: Sources of Law, www.businesslawbasics.com/chapter-5-sources-law.

(accessed January 9, 2018)

 

3 “The Judicial Branch.” National
Archives and Records Administration, National Archives and Records
Administration, www.obamawhitehouse.archives.gov/1600/judicial-branch. (accessed January, 9 2018)

4Legal
System, Adoption and Amendment,  www.law.cornell.edu/wex/legal_systems.
(accessed January, 9 2018)

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