IDG Contributor Network: SAP and Oracle audits – US constitutional principles do not apply

The US Constitution is the foundational document establishing the laws of the land and the creation of the federal government. One of the key concepts in the US government system is the separation of power between the legislative branch (creates laws), the executive branch (enforces laws), and the judicial branch (applies laws to the facts in cases alleging legal violations). For most US citizens these principles form the basis for how we view the fair and equitable creation, execution, and adjudication of laws.

However, the US Constitution only applies to government action, not private action. This is why businesses are not required to have separate committees to draft, enforce, and adjudicate company policy. Look no further than the recent enforcement of NFL policies for proof. Yet our underlying sense of fairness is formed by Constitutional principles and we expect some form of these principles to apply in the private sector.

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