Law homework help
“Constitutional legitimacy is a virtue rooted in a system of belief: the acceptance that an exercise in power is justified and therefore authorized, either implicitly or explicitly, by society at large. The concept of legitimacy must be distinguished from the concept of legality; an illegal action may be legitimate in the eyes of the people, and conversely, simply because an action is legal does not always imply that it is legitimate.” (Chau 2012) The question that arises is who makes the rules, regulations, and laws that we are to abide by?
When looking at the process there are many involved parties or stakeholders who put their input into the decisions being made and laws being made. The lawmakers on the local, State and Federal vote to bring laws into the books, but how do they decide how to vote on each law and what agenda to push forward. Often, they look to the people who had elected them and vote towards the common good. When politicians run for office, they often have a platform and make efforts to stick to what got them elected. There are however many outside influences that can get them to change their opinions and positions on topics including others in their political party, the public and lobbyists.
Looking at the Administrator Procedure Act of 1946 it was designed to give the people a voice when new regulations are being brought up. It allowed for advanced notice as well as encouraged the public’s input on decisions. (Milakovich 2013) I question this and say how much input do the people have to provide their opinion? This forces people to form political action groups and go directly to congressional members and other political representatives to push their agenda.
One of the most influential bodies in decisions making are the lobbyists, these are non-governmental workers who either work for a company, social actions group, or any of the other groups who wish to have their voices heard and policy made in their favor. The National Rifle Association (NRA) has lobbyists working day and night fighting for the right to save the 2nd Amendment and maintain gun rights for their members. Although not the largest of lobbying groups, they tend to be front and center anytime there is gun violence that has gone viral on the internet and a new law is brought forward to institute more gun control. According to Opensecrets.org, in 2018 the NRA spent $5,076,000 on lobbying agencies to fight for their cause. For groups like the NRA, they will spend more money on lobbyist if there are more bills going in front of State or Federal governments to be voted upon. With the increased push for gun control due to the increase in mass shootings, the amount of money spent by the NRA has skyrocketed with 5.12 million in 2017. (2019) The NRA is committed to their members and doing everything possible to allow them the right to bear arms. When it comes to lobbyists it is simple, follow the trends and follow the money.
When looking at policy making and what influences those who are ultimately in charge, I would say everyone has a voice. Many factors go into how policy is made including internal and external entities. The goal is to find the correct balance and make every effort for it to be legitimate as well as legal before being put into law.
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