Wildlife Law and the American Legal System

Need to know the Fish and Wildlife Coordination Act and the Weeks Act

  • How long did it take?

Law Basics

Law: The body of principles and rules governing the affairs or behavior of society or a community. It has also been defined as the “command of the sovereign backed by sanctions”.

Law doesn’t necessarily need to be formally written down verbatim, it can be based upon a binding custom, usage, and judicial decisions

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: The Supreme Law of the Land

    • Defines and limits the power of the Federal Government

    • Defines the relationship between the Federal Government and individual state governments

    • Guarantees the rights of the citizens of the US

  • Legislative Branch

    • Federal and State laws, and county and city ordinances (local laws)

      • Statues can be very specific

    • Administrative Procedures Act of 1946

      • Secondary Legislation: Rules and regulations formulated with proper procedure and within statutory authority of the agency have the same status as legislation passed by the legislature and signed by the executive branch

  • Executive Branch

    • Presidential order; administrative agency rules and regulations

  • Judicial Branch

    • Federal and state court decisions

    • Decides cases brought before them

    • Judges are required to interpret the relevant statutes and regulations, to follow common law precedents, and to apply constitutional principles

      • Case Law- Law established through judicial decisions in specific legal cases brought before the court

  • Direct Democracy

    • Initiatives or referendums

KNOW THE ORDER

Hierarchy of Laws in the United States

  • U.S. Constitution

  • Laws and Treaties of the Federal Government

    • Statutory law and agency rules

  • State Constitutions

  • Laws passed by the States

  • Laws passed by county, town, or city governments

The U.S. Constitution set up a system of Federalism

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

Strengths of Federalism

  • The federal government can best handle matters of national interest.

    • State governments, being closer to the people, are best aware of local conditions and are best qualified to handle local problems

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

    • Federalism prevents complete centralization which may lead to tyranny

  • Preserves independent states

  • A state may serve as a laboratory for reform w/out involving the entire nation

U.S. Constitution: Limits of Power

  • The Constitution limits the federal government to DELEGATE or ENUMERATED powers

    • These are Residual powers

  • Concurrent Powers: can be exercised by both the federal and state governments

Enumerated Powers of the Federal Governement

  • Financial: to levy and collect taxes

  • Commerical: to regulate interstate and foreign commerce

  • Military: to declare war

  • Other:

KNOW the 10th Amendament

10th Amendement: 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

  • Include 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

3 Branches of Government: Legislative, Executive, and Judicial

Checks and Balances: Executive

  • 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

Checks and Balances: Legislative

  • 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

Checks and Balances: Courts

  • May check the president by declaring actions of the executive branch unconstitional

  • Same for Congress

Checks and Balances

  • Primary benefit: Prevents any branch of government from becoming too powerful and establishing a dictatorship

  • Primary weakness: Checks and balances may paralyze the workings of government, and cause delays