Wildlife Law and the American Legal System

Law

The body of principles and rules governing the affairs or behavior of society or a community.

“Command of the sovereign backed by sanctions”

Statute

Written law enacted by a legislature

Act

The formal product of a legislative body

Why do we need Laws?

-Regulate society

-Protect People

-Enforce Rights

-To Resolve Conflicts

Common Law

The English form of law (developed in the 13th Century). Based on the idea of precedent (like cases are decided by other like cases)

Sources of Law

-U.S Constitution

-Legislative Branch

-Executive Branch

-Judicial Branch

-Direct Democracy

Hierarchy of Laws

-U.S. Constitution

-Laws and Treaties of the Federal Government

-State Constitutions

-Laws passed by the States

-Laws passed by county, town, or city governments

Federalism

A dual system of government whereby powers are divided between state governments and the central or federal government

The strengths of federalism

-The federal government can best handle matters of national interest

-By dividing powers between the central government and a group of independent states jealously guarding their authority

-Preserves independent states

-A state may serve as a laboratory for reform without involving the entire nation

How does the U.S. Constitution limit power

-Limits the federal government to DELEGATE or ENUMERATED

-Concurrent Powers

Enumerated Powers of the Federal Government

Levy and collect taxes

Regulate the interstate and foreign commerce

Declare war

What is the 10th Amendment?

The state have retained control over education, intrastate commerce, intrastate crimes, traffic laws, marriage, and divorce

State powers/Police powers

Protection of the health, welfare, safety, and morals of the people

Concurrent Powers

-Levying and collecting taxes

-Borrowing money

-Building roads

-Maintaining courts

Weaknesses of Federalism

-Conflicts arise between federal government and states

-Laws vary considerably from state to state

-Federalism results in inefficiency, waste, and overlapping administration

Executive check and balances

-Checks congress by vetoing

-Exerts power by calling it into special session

-Checks the federal courts by nominating judges, granting pardons, and refusing to enforce court orders

Legislative checks and balances

-Refuse to pass legislation and to appropriate funds

-Overriding vetoes

-Refusing to approve appointments and ratify treaties

-Impeach the president

-Revises laws that are unconstitutional

-Impeach and convict judges

-Increasing the number of judges on the Supreme Court

-House and Senate check each other

Courts checks and balances

-May check the president by declaring actions of the executive branch unconstitutional

-May declare actions of Congress unconstitutional

Primary benefits of checks and balances

Prevents any branch of government from becoming too powerful and establishing a dictatorship

Primary weakness of checks and balances

May paralyze the workings of government and cause delays