Sources of American Law, Federalism, and the Judicial Systems

Overview of the American Legal Framework and Federalism

• Foundational Sources of Law: Understanding American law requires an analysis of the various sources of law and the mechanisms of lawmaking.

• Constituent Entities: The United States is composed of two primary levels of government:

  • (1) A single federal government.

  • (2) 50 distinct state governments.

  • Inferior Jurisdictions: Each state government contains subordinate levels, specifically counties and cities.

• Federalism Defined: Federalism is the political arrangement and division of power between different levels of government on a vertical axis:

  • Division between the Federal government and the States.

  • Division between individual States and local governments (cities and counties).

  • It is the system by which two or more levels of government provide services to or regulate citizens within a specified geographic area.

Separation of Powers: The Horizontal Axis

• Definition: While Federalism describes the vertical division of power, "separation of powers" describes the horizontal division of power within a specific level of government (Federal, State, County, or City).

• The Three Branches: Power is shared among three distinct branches at every level of government:

  • Legislative Branch: Responsible for making laws.

  • Executive Branch: Responsible for enforcing or executing laws.

  • Judicial Branch: Responsible for interpreting laws and resolving disputes.

• Hierarchical Matrix of Government Power:

  • Federal Government: Legislative (Congress); Executive (President); Judicial (US Supreme Court).

  • State Government: Legislative (State Legislature); Executive (Governor); Judicial (State Supreme Court).

  • County Government: Legislative (County Council); Executive (County Executive); Judicial (Superior Court).

  • City Government: Legislative (City Council); Executive (Mayor); Judicial (Municipal Court).

Vertical Hierarchy and the Supremacy Clause

• Governmental Levels:

  • Federal: Authority over all 50 US states.

  • State: Authority over a single state (e.g., Washington, California).

  • County/City: States are divided into counties. Counties contain either incorporated cities or "unincorporated" areas (territories not part of any specific city).

• The Supremacy Clause: Found in the U.S. Constitution, this clause establishes the hierarchy of law:

  • The Federal Constitution is the highest law in the land.

  • Federal laws made by Congress almost always take precedence over state laws and state constitutions.

  • Prohibitions on States: States are prohibited from interfering with the federal government's exercise of constitutional powers and from assuming functions exclusively entrusted to the federal government, such as foreign policy.

• State Sovereignty: Each state has its own constitution and authority to make laws within its borders, provided those laws do not conflict with Federal law or the Federal Constitution.

• Local Sovereignty: Cities and counties make rules within their borders, provided they do not conflict with the US Constitution, Federal law, the State Constitution, or State laws.

  • Overlapping Authority: Counties may sometimes make rules for the entire county, including within cities, typically for countywide services like sewers and water treatment.

The Doctrine of Preemption

• General Rule: Whenever a state law and federal law conflict, federal law preempts state law due to the Supremacy Clause.

• State-Local Relationship: Preemption also applies when state governments pass rules forbidding cities or counties from enacting specific regulations. Examples include Texas and South Carolina preventing local jurisdictions from taking certain actions.

• Types of State Preemption:

  • Express Preemption: The state law is explicitly drafted to stop counties or cities from acting in a certain area.

  • Implied Preemption: Occurs through conflict, such as when a local law prohibits an act permitted by the state or permits an act prohibited by the state.

  • Field Preemption: Occurs when there is clear legislative intent that an entire "field" of law is governed exclusively by the state. This is evidenced by extensive regulations that suggest local regulation would frustrate broad state goals.

• Case Example - Firearms: In Washington, RCW 9.41.290 establishes both express and field preemption. The state "fully occupies and preempts the entire field of firearms regulation," including registration, licensing, possession, purchase, and transportation.

• Political Context: Preemption frequently occurs when a higher level of government (e.g., a Republican-controlled state legislature) disagrees with the policy aims of a lower level (e.g., a Democrat-controlled city).

  • Example - Minimum Wage: Several states have passed laws preventing local jurisdictions from setting minimum wages higher than the state minimum.

  • Example - Plastic Bags: In $2017$, Seattle outlawed single-use plastic bags. In $2021$, Washington State adopted this as state law. However, $18$ other states have preempted local governments from regulating plastic bags.

The Executive Branch and Presidential Power

• Executive Figures: President (Federal), Governor (State), County Executive (County), Mayor (City).

• Presidential Oath: Specified in Article Two, Section One, Clause Eight of the Constitution. The President must swear to "faithfully execute the Office" and "preserve, protect and defend the Constitution."

• The Electoral College:

  • Governed by the 12th Amendment.

  • Total Electoral Votes: $538$.

  • Magic Number to win: $270$ (a majority).

  • Mechanism: $51$ mini-elections (states + DC). Most use winner-take-all for delegates; two exceptions use a split system (2 for state winner, 1 per congressional district).

• Powers of the President:

  • Judicial Appointments: Selects federal judges and Supreme Court Justices (requires Senate majority consent).

  • Veto: Can reject laws passed by Congress.

  • Executive Orders (EOs): Instructions to the executive branch on how to apply rules or conduct business. EOs are a source of law but can be challenged in court.

    • As of September 21, 2025, Donald Trump had signed $116$ EOs; at least $5$ were struck down as unconstitutional (e.g., efforts to end birthright citizenship).

  • Administrative Appointments: Appoints directors of agencies like the FTC and FDA and the Cabinet (requires Senate confirmation).

The Legislative Branch: Lawmaking and Structure

• Legislative Bodies: Congress (Federal), State Senate/House (State), County Council (County), City Council (City).

• Terminology: Federal and State laws are "statutes"; County and City laws are "ordinances."

• The Lawmaking Process: Both the House and the Senate must pass the same version of a bill. The President then signs it, or vetoes it. A veto can be overridden by a $\frac{2}{3}$ vote in both houses.

• The House of Representatives:

  • Terms: $2$ years.

  • Seats: $435$ (Number set based on Census data every $10$ years).

  • Apportionment Formula: Total US population divided by $435 = X$ (size of ideal district). State population divided by $X$ determines the number of seats.

  • Gerrymandering: The political practice of redrawing district boundaries to favor one party. The Supreme Court ruled in $2019$ that partisan gerrymandering is a "political question" beyond the reach of federal courts, though racial gerrymandering remains illegal.

  • Competitiveness: In $2024$, fewer than $6$ (only $24$ seats) were considered competitive.

• The Senate:

  • Terms: $6$ years.

  • Representation: $2$ Senators per state, regardless of population size.

• Direct Democracy: In Washington State, "the People" can pass laws directly through initiatives, bypassing the legislature and governor (e.g., the Costco-backed liquor initiative).

The Judicial Branch and Trial Procedures

• Function: Courts are public facilities for hearing and deciding legal disputes. They are independent but funded by other branches.

• Role of the Judge: Impartial referee in an "adversarial system." Judges apply the "rule of law" regardless of personal bias.

• Judicial Review: The power of courts to declare acts of the Legislative or Executive branches unconstitutional and void.

• Trial Courts vs. Appellate Courts:

  • Trial Courts: Where every case begins. They determine facts and apply the law.

    • Called Superior Court in Washington; District Court in the Federal system.

  • Appellate Courts: Do not hear new evidence or witnesses. They review transcripts to check for legal errors or insufficient evidence.

    • Can reverse, affirm, or remand a case.

Types of Cases and Burdens of Proof

• Civil Suits: Plaintiff seeks money (damages).

  • Burden of Proof: $\text{Preponderance of the evidence}$ (more likely than not).

• Criminal Cases: The government prosecutes an individual for a crime.

  • Burden of Proof: $\text{Beyond a reasonable doubt}$.

• Actions in Equity: Plaintiff asks the judge to order a defendant to DO or STOP doing something (e.g., an injunction against loud music).

  • Note: Juvenile criminal cases are considered equitable and thus do not have jury trials.

Trial Process Order

1. Admissibility: Judge determines evidence admissibility via rules of evidence.

2. Fact-Finding: A jury (if present) or judge (bench trial) determines proven facts.

3. Questions of Law: The judge always determines the appropriate law and provides "jury instructions."

4. Verdict: Law is applied to facts to reach a decision.

5. Sentencing/Damages: Jury sets damages in civil cases (judge can reduce them); judge imposes punishment in criminal cases.

Common Law and Stare Decisis

• Common Law: Law made by appellate courts through published decisions. These decisions are binding precedents for lower courts in the same geographic area.

• Statutory Construction: The judicial power to interpret the meaning of specific words or phrases within a statute (e.g., determining if an "incredibly-long-armed man" committed burglary).

• Stare Decisis: The doctrine that once an important legal rule is created, it should not be changed, promoting predictability and certainty.

  • Exceptions: The Supreme Court occasionally reverses itself (e.g., overturning Roe v. Wade in $2022$; overturning segregation in Brown v. Board of Education).

  • Legislative Acquiescence: When the legislature does nothing in response to a court's interpretation of a statute, effectively accepting the interpretation.

Judicial Selection and Philosophies

• Federal Judges: Lifetime appointments. Nominated by President, confirmed by Senate.

• State Judges (Washington):

  • Supreme Court and Appeals: $6$-year terms; Superior/District: $4$-year terms.

  • Selection: Two ways—(1) Governor appointment to fill vacancies (appointee must then run in next election); (2) Non-partisan elections.

• Philosophies:

  • Textualism: (Justice Scalia) Judges should only read the text to determine the original intent of the writers.

  • Living Constitution/Judicial Activist: (Justice Breyer) Interpretation evolves with society.

  • Umpire Analogy: (Chief Justice Roberts) Judges should just "call balls and strikes" rather than pitch or bat.

Jurisdiction and Venue

• Jurisdiction: The legal authority of a court to hear a case and enforce a ruling.

• Subject Matter Jurisdiction: Authority based on the type of case (e.g., patents are exclusive to Federal court; misdemeanors in Municipal court).

• In Rem Jurisdiction: Authority over property within geographic boundaries.

• In Personam Jurisdiction: Authority over the person/entity. Requires the defendant to be served with a "summons and complaint."

• Long Arm Statutes: Allows a state to exercise jurisdiction over out-of-state defendants if they have "minimum contacts" with the state.

  • Sachs v. Austrian Train Case: The US Supreme Court ruled that US courts lacked jurisdiction because the "core" of the suit (accident/conduct) occurred entirely in Austria.

• Diversity Jurisdiction: Allows a defendant to move a case from state to federal court if:

  • (1) The parties are from different states, AND

  • (2) The amount in controversy exceeds $75,000 OR involves a Federal question.

  • Procedural Rule: Federal courts in diversity cases apply federal procedural rules but use the substantive law of the state where the case started.

• Internet Jurisdiction sliding scale:

  • Passive websites: Insufficient for jurisdiction.

  • Interactive websites: Case-by-case evaluation of interaction level.

  • Commercial websites: Sufficient (e.g., iTunes).

• Choice of Law:

  • Contracts: Law of the state where the contract was made or the state agreed upon in the contract.

  • Torts: Law of the state where the accident occurred.

• Venue: The specific location where the trial happens (e.g., Timothy McVeigh's trial was moved from Oklahoma to Denver).

Questions & Discussion

• The Meaning of "Shall": During a poll regarding the Presidential oath ("he shall take the following Oath"), students responded as follows on what "shall" most accurately means:

  • Must: $39$ (28 respondents)

  • Should: $33$ (24 respondents)

  • May: $26$ (19 respondents)

  • Right: $1$ (1 respondent)

• Judicial Elections: A poll was conducted in class asking if it is a good or bad idea to vote for judges.

• Candidate Name Recognition: The text notes a case in Washington where an incumbent Chief Justice (Keith Callow) was ousted by a challenger (Charles Johnson) likely due to name recognition, as the challenger had no judicial experience and did not campaign significantly.

• Uber/Lyft Pricing: Discussion about the $2025$ Seattle regulations. For trips within Seattle limits, drivers must earn at least $0.68 per minute and $1.59 per mile while carrying passengers, leading to increased ride costs and comparisons to lower costs in other countries like Australia.