Chapter 2 The U.S. Legal System
U.S. Constitution
Preamble
Articles
- Legislative
- Executive
- Judicial
Amendments
- Bill of Rights
- A; 11-27
Article 1 Sect 6 - Supremacy Clause
Article 1, Sect 8, Clause 3 - Commerce Clause
- Katzenbuch v. McClung (1964)
- Civil Rights Act Enforced
- Civil Rights Act Title II - You have the right to full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation. You cannot be treated differently by a place of public accommodation because of your race, color, religion, or national origin.
Article 1 Section 8, Clause 18 - The Necessary + Proper Clause
Article 1, Sect 8
- Tax
- National Federation of Small Businesses v. Sebelius
- Patient Protection Affordable Care Act
Separation of Powers
Each branches ability to prevent other branches from abusing their powers
Branches govern each other not the people
Legislative
Can impeach/remove President, Judge (Judicial)
535 members of Congress
- 100 members of Senate - 6 year term
- 435 members of House - 2 year term
Bicameral - Located in Article 1
Main job is to make laws
Members called Congressmen
Process
- Initiative
- Referendum
Executive
- Can veto a law (Legislative)
- President and Vice President
- President is Commander in Chief
Judicial
- Can declare executive actions as unconstitutional
Supreme Court
- Legislative Courts of Military Appeals
- 12 Courts of Appeal
- Court of Appeals for Federal Circus
- Independent Regulatory Agencies
- 94 District Courts (Trial Courts)
- Specialized Courts U.S Claim Court etc.
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Powers to State
- 10th Amendment
- Police Powers
- Can’t be preempted (preemption)
- No Ex Post Facto
- Jurisdiction
- exclusive
- concurrent
Federal + State Conflict
- Article VI
- Supremacy Clause
- How a Bill Becomes a Law
Sources of Law
- Constitutions
- Codes
- Statues at Large
- Statuatory
- Case Law
- Stare Decisis
- Common Law
- Binding Case Law
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