1 / 29

Introduction to Law

Introduction to Law. Week 2. Three Branches of Gov’t. Separation of Powers. Each branch has its own powers Each branch acts as a “check” on the other branches. The Court System. Judicial Review.

joelle
Download Presentation

Introduction to Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Introduction to Law Week 2

  2. Three Branches of Gov’t

  3. Separation of Powers • Each branch has its own powers • Each branch acts as a “check” on the other branches

  4. The Court System

  5. Judicial Review • Court has authority to declare government actions invalid if they are determined by the court to be unconstitutional. • Not specifically granted by the Constitution • Assumed in Marbury v. Madison (1803) • Pres. John Adams / Pres. Thomas Jefferson (Sec of state James Madison) • Senate Judiciary Act - 1789

  6. Judicial Review • A Supreme Court decision is final unless: • The Court overrules itself • Plessy v. Ferguson (1896) / Brown v. Board of Education (1954) • A Constitutional Amendment is passed

  7. Judicial Review • US Supreme Court interprets the Constitution • Sometimes look to the framers’ intent (the original intent of the document)

  8. Judicial Review • However – • Presumption of constitutionality unless demonstrated otherwise • Standing • Decision on other grounds if they exist

  9. Appointment Power • Federal judges are appointed by the president subject to consent of the senate.

  10. The Court System – Federal Courts

  11. The Court System – Federal Courts

  12. The Court System – State Courts

  13. State Court Judges • May be elected or appointed • However, even if appointed, usually have a retention election

  14. Congress may not alter the USSC’s original jurisdiction • It may, however authorize lower federal courts to share jurisdiction.

  15. Executive Power • President has the power to: • appoint judges and ambassadors, • veto legislation, • call Congress into special session, • grant pardons, • and serve as commander in chief of the armed forces.

  16. Congressional Authority • Gets its authority to act from the constitution • Certain grants of authority • The rest goes to the states

  17. Congressional Authority • Where congress has been given the authority to act, however, it usually has exclusive authority to act in that area • E.g., coining money

  18. Sources of Congressional Power • Interstate Commerce Clause • Wickard v. Filburn (1942) (Ag Adjust. Act of 1938) • US v. Lopez (1995) (Gun Free School Zone Act of 1990) • US v. Morrison (2000) (VAWA 1994) • Taxing and Spending Power • South Dakota v. Dole (1987) (restriction of fed highway funds for states who had a drinking age below 21) • 14th Amendment

  19. Congress cannot: • Commandeer state government • Printz v. US (1997) (Brady Handgun Violence Prevention Act) • Give away state’s rights • RFRA • Boerne v. Flores (1997) (Church building permit)

  20. Congress can: • Make provision of funds contingent on states’ obedience to certain laws • Cannot be so burdensome as to constitute compulsion • The $$ must be related to the law • Delegate some of its authority to various agencies to carry out specific functions • Can conduct investigations related to potential legislation.

  21. Interstate Commerce Clause • Constitution allows Congress to regulate interstate commerce • Congress has used this power to pass all kinds of legislation • E.g., civil rights legislation • Been pulled back somewhat • United States v. Lopez (1995) • United States v. Morrison (2000)

  22. Antitrust Laws • Sherman Anti-Trust Act • prohibited contracts, combination, or conspiracies in restraint of trade. Also prohibited monopolies. • The Clayton Act of 1914 • prohibited price discrimination.

  23. Social Welfare Legislation • Social Security • Medicare/Medicaid • Unemployment Compensation • Welfare

  24. Civil Rights Legislation • Civil Rights Act of 1964 • Passed under the interstate commerce clause • No racial discrimination in places of public accommodation • No employment discrimination • Withdrawal of federal funding for any institution that discriminates

  25. Civil Rights Legislation • Affirmative Action • The Fair Housing Act • The Voting Rights Act

  26. Gender Discrimination Laws • The Equal Pay Act and Title VII • Title IX • Affirmative Action on Behalf of Women • Sexual Harassment laws

  27. Persons with Disabilities • Americans with Disabilities Act (1990)

  28. Administrative Law • Congress delegated some of its authority to agencies • Agencies can make rules

  29. Administrative Law • Administrative Procedures Act (APA) regulates rulemaking • But Congress can and does establish separate, more stringent requirements for some agencies

More Related