уторак, 7. фебруар 2017.

The Role of the United States Constitution

The United States Constitution is a document that provides the framework for the federal government and is ultimately the supreme law for the companies and citizens of the United States of America to abide by. This document “establishes the structure of the federal government, delegates powers to the federal government, and guarantees certain fundamental rights“ (Cheeseman, Henry R., interview for Deutsche welle, 2001.). These fundamental rights, laws and freedoms are granted, to all Americans. Despite the ratification of the Constitution in 1788, the laws still pertain to today’s ever-changing economy and culture. The Constitution has been referred to as a “living” document that evolves in unison with our country, following all the innovations and developments in all of the related fields and areas. The Constitution of the United States sets forth the nations fundamental laws for business regulation.hapter 1 “From love field to the world*s most successful airline“
TThere are many examples of the ways that United States Constitution and the United States legal system affect the  Royal Caribbean company. Royal Caribbean Cruise Line was founded in 1968. by Andres Wilhemsen &Company. We are Miami, Florida based cruise company, with 21 ships and over 20 000 employees. In our 40 years of history, business regulations have changed for many times,  also, we sail all over the world and need to interpret every single regulation and law which can apply to us.
First, one of our offices is located in Fort Lauderdale, Florida, and we had the building seized and demolished due to a highway being built. Our legal department was instructed by the local government to accept financial compensation and „move on“, but our lawyers argued that Amendment 5 states, "…nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.". So, the government is responsible to find a new, equally lucrative location for our business, build a new structure, and to provide compensation funds to all the workers on the payroll whom were temporarily unable to work. After a few meetings, local government accepted our arguments and our determination to go to the supreme court and found us a new, similar location, based on our argument that in our line of business, (travel and tourism) location is 80% of success.
Second, due to the nature of our business we have been subjected to thorough searches of our passengers and staff, and it was everything but not good for business. All the attempts to explain to the officials the importance of providing the non-stressful environment to our passengers as one of the basic conditions for successful business gave no results. So, our legal department argued in court that Amendment 4 states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.“
On the other hand, we do understand the necessity of firm control of incoming and outgoing people and properties, in relation to our national security and always threatening possibility of terrorist attack, so we offered a compromise. We allowed thorough control of all the ships, passenger and staff luggage but away from their sight, in safe environment of our sub-deck storage. We also established full immunity for the company or/ if any illegal person and/or object is to be found. This way, we both secured our clients and staff from any unpleasant surprise on their journey and gave enough space for all the relevant government agencies, federal and state, to perform their patriotic and legal duty of protecting the United States of America. We understand the limitation Constitution imposes with this Amendment to the members of the „Protect and serve“ community.
It seems, if a business is successfully making a large sum of money under the table by illegal actions and if the federal or state agency cannot prove the company is involved in illegal activity to yield a "reasonable search", they cannot search through their offices or properties to confirm a hypothesis. Thus the scandalous business can continue to thrive. But, we also recognize the necessity to cooperate and coordinate with all the agencies in order to build and secure the safe environment for all the citizens, and that includes ourselves. Therefor, we offered all possible adjustments of our procedures in order to abide the law but also to keep our business on the same level as it is.

According to our legal department, (conversation I had with the head of Royal Caribbean Legal department, 2009.) there are two sides involved – business and government regulators, whether they are federal or state. Despite their antipathy, the two sides, business and government regulators, have, in fact, benefited from each other. Government regulations ensuring the enforceability of contracts and property rights are such basics that business in the United States could not function properly without them. Likewise, without the economic growth created by private business, the U.S. government could not sustain itself. Although the current system of federal and state regulations may sometimes be self-contradictory, and, in addition, confusing to the business community, it is a relatively loose one, leaving the United States as one of the nations whose business welfare depends most on the decisions of private entrepreneurs.

Нема коментара:

Постави коментар