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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

Z

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