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.

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