Chapter 4. The validity of the legally authorized public debt of the United States, including debts incurred for the payment of pensions and bonuses for services rendered in suppressing insurrections or rebellions, must not be questioned. But neither the United States nor any state may assume or pay any debt or obligation incurred in support of any insurrection or rebellion against the United States, or any claim for the loss or release of a slave; But all these debts, obligations and claims are declared illegal and void. Secondary authority is not the law. Secondary authorities such as legal dictionaries and encyclopedias, books and treatises, and journal articles explain and analyze the law and help researchers understand and locate primary authorities. Click here for a list of legal advice agencies that may be able to help you. If you are not entitled to free legal assistance, lawyers who work with wills and probates or who refer to their field of practice as “prior right” should be aware of powers of attorney. The Constitution gave Congress the responsibility to organize the executive and judicial branches, increase revenues, declare war, and enact all laws necessary for the exercise of those powers. The president can veto certain pieces of legislation, but Congress has the power to override the president`s veto by a two-thirds majority of both houses. The Constitution also requires the Senate to deliberate and approve important appointments to executives and judges, as well as authorization to ratify treaties. Federal law For matters of federal law, federal courts apply federal laws and regulations, as well as precedents set by federal courts in their circle. If a federal court in one county has not ruled on a point of law, it may be persuaded by a decision of another federal county. State courts apply state laws and regulations and follow state precedents.

For example, South Carolina courts must apply South Carolina laws, regulations, and jurisprudence. If a South Carolina court has not ruled on a particular point of law, it may be persuaded by a decision of another state court. Weber wrote that the modern state, based on rational and legal authority, emerged from the struggle for patrimonial and feudal power (see traditional authority), unique in Western civilization. The requirements for the modern Western state are: With a basic understanding of the structure of the American legal system, available sources of law, and the application of the weight of authority, you are prepared to evaluate the resources you will find in your legal research. The majority of modern bureaucratic officials and political leaders represent this type of authority. Yes. You can give powers of attorney to two or more people at the same time or appoint a second proxy to take over the power of attorney in certain circumstances (for example, the death of the first agent). The mandatory authorities as opposed to the persuasive authorities that the courts must follow are called binding (or binding) authority.

The authorities that the courts can follow if they are persuaded to do so are called persuasive (or non-binding) authority. Rational legal authority (also known as rational authority, legal authority, rational rule, legal rule, or bureaucratic authority) is a form of leadership in which the authority of a leading organization or regime is largely linked to legal rationality, legal legitimacy, and bureaucracy. The majority of modern States of the twentieth and twenty-first centuries are rational and legal authorities, according to those who use this form of classification. For more information on the order of authorities, see this article from the University of Pennsylvania Law Review, this article from Paralegal Today, and this article from the South Carolina School of Law. Max Weber divided legitimate authority into three types of societies: traditional authority, rational-legal authority, and charismatic authority. Each of these authorities has its own unique complex societies that have evolved from simple definitions. But in the election of the President, votes are made by the States, the representation of each State having one vote; For this purpose, one or more members from two-thirds of the States shall constitute a quorum and a majority of all States shall be required for an election. And if the House of Representatives does not elect a president until the fourth day of the following March, each time the right to vote is transferred to it, then the vice president acts as president, as in the case of the death or other constitutional obstruction of the president. is the Vice-President if that number is the majority of the total number of appointed electors, and if no one has a majority, the Senate elects the Vice-President from among the two highest numbers on the list; A quorum for this purpose shall be two-thirds of the total number of Senators, and a majority of the total number shall be required for an election.

But no person constitutionally unfit for the office of president can be eligible for the office of vice president of the United States. There is no legal requirement that a power of attorney be drafted or reviewed by a lawyer. However, if you`re giving an agent significant power, it`s wise to seek individual legal advice before signing a complicated form. A person who signs a power of attorney without fully understanding what it means and without considering the risks and alternatives gets into trouble. In traditional authority, the legitimacy of authority comes from tradition. Charismatic authority is legitimized by the personality and leadership qualities of the individual in power. Finally, rational and legal authority derives its powers from the system of bureaucracy and legality. Primary authority (law) can be mandatory or persuasive, depending on: Weber`s belief that rational and legal authority did not exist in imperial China was heavily criticized and did not have many adherents in the early 21st century. When seats in the representation of a State in the Senate become vacant, the executive authority of that State shall issue electoral orders to fill such vacancies, provided that the legislature of a State may authorize the Executive branch to make temporary appointments until the people fill the vacancies by election, as the legislator may order. If society as a whole approves of the exercise of power in some way, then power is considered a “legitimate authority.” Primary and secondary legal researchers use two types of authority called primary and secondary authority. Scholars such as Max Weber and Charles Perrow have described rational and legal bureaucracy as the most efficient form of administration. [1] [2] In sociology, the concept of rational-legal rule derives from Max Weber`s three-part classification of authority (one of many government classifications used by sociologists); The other two forms are traditional authority and charismatic authority.

These three types of rules are an example of his ideal type concept. Weber noted that throughout history, these ideal modes of government are always found in combinations.