ch 1: historical basis and structure to current gov't

u.s constitution and bill of rights

• supreme law of land

• 10 amendments

• outline civil liberties and protections against gov’t

articles of confederation

• loose statement of sovereignty

• applies to original 13 states

supremacy clause

• federal law always prevails

modern balance

• seek for equilibrium among separation of powers

• adaptable and flexible

hierarchy of law

1. u.s constitution

2. legislative (statutory) acts of Congress

3. administrative law

sources of law

• statutory

• judicial

• administrative

branches of gov’t

• executive

• legislative

• judicial

legislative branch

• makes laws; passes statutes

• source of law: statutory law

• includes legislature, congress

judicial branch

• interprets laws and decides cases

• source of law: judicial law created by court decisions

• includes courts, appellate court

executive branch

• enforces laws

• source of law: administrative law created by executive agencies

• includes agencies

traditional balance

• allowing the max personal freedom without detracting from welfare of general public

modern balance

• balance consistency and stability against need for flexible and adaptable government

stare decisis

• “to stand by things decided”

• doctrine that courts follow for precedent for current situations

• creates stability and consistency in the law

naturalist theory

• all persons know the difference between right and wrong; your responsibility to act right

positivist theory

• there should be a superior gov’t entity not subject to question or challenge

sociological theory

• gov’t should adapt laws to reflect society’s needs and beliefs