Understanding U.S. Legal System: Constitution, Laws & Regulations

1. Section 1.2

2. What You’ll Learn • How to recognize the various parts of the U.S. Constitution (p. 14) • How to explain the components of common law (p. 17)

3. What You’ll Learn • How to explain the purposes of statutory law (p. 18) • How to identify the various ways that courts make law (p. 20)

4. What You’ll Learn • How the government makes administrative regulations (p. 21)

5. Why It’s Important Learning how the law is made will help you make decisions regarding your legal responsibilities.

6. Legal Terms • Constitution (p. 14) • common law (p. 17) • precedent (p. 17) • statutes (p. 18)

7. Legal Terms • unconstitutional (p. 19) • legislature (p. 19) • administrative law (p. 21)

8. Section Outline The Five Main Sources of U.S. Law Constitutional Law Common Law Statutory Law Court Decisions Administrative Regulations

9. Pre-Learning Question Why are there different sources of law?

10. The Five Main Sources of U.S. Law Although the five main sources of law may seem different, they all pertain to the law in some way. • constitutional law • common law

11. The Five Main Sources of U.S. Law • statutory law • court decisions • administrative regulations

12. Constitutional Law • A country’s constitution spells out the principles by which the government operates. • In our country, the most fundamental law is the U.S. Constitution.

13. The U. S. Constitution • Sets forth the fundamental rights of citizens. • Defines the limits within which the federal and state governments may pass laws. • Describes the functions of different branches and divisions of our national government.

14. The U. S. Constitution • The U.S. Constitution consists of seven articles and 27 amendments. • The articles establish the national government. • The amendments outline the rights of the people. • The U.S. Constitution was ratified in 1787. • The first 10 amendments are known as the Bill of Rights.

15. 1.2 The Articles of the Constitution of the United States, in order to form… Article I. The Legislative Branch - Congress Article II. The Executive Branch - President Article III. The Judicial Branch – Supreme Court Article IV. Relations Among States Article V. The Amending Process Article VI. National Supremacy Article VII. The Ratification of the Constitution

16. Common Law • In the early days of English history, judges traveled in circuits around England deciding cases. • Because there was no written law, judges made decisions based on customs and traditions.

17. Common Law • Judges shared their decisions with other judges. • They tried to share the same law “in common” with everyone else throughout the country. • This practice formed the basis of common law.

18. Precedent • Common law led to the doctrine of precedent, which means a judge is required to follow an earlier court decision when deciding a case with similar circumstances. • Stare decisis means “let the decision stand.”

19. How many amendments are there to the U.S. Constitution?

20. ANSWER 27

21. Statutory Law Statutes are laws specifically passed by a governing body, such as the U.S. Congress, state legislatures, and city councils.

22. Statutory Law • A statute may order people to do something, such as pay taxes or sign up for the military draft. • A statute may also forbid people from doing something, such as discriminating in employment.

23. Statutory Law • Federal statutes are laws passed by Congress and signed by the president. • State statues are laws passed by a state’s own legislature, or body of lawmakers.

24. Statutory Law Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid. A state constitution can be more protective, narrow, and more restrictive than the U.S. Constitution.

25. Court Decisions Courts make laws in three ways: • Through common-law tradition • By interpreting statutes • By judicial review

26. Sunflower City passed an ordinance that requires all commercial signage to incorporate a sunflower into the design. What is the source of this law?

27. ANSWER Statutory law

28. Administrative Regulations • Legislatures often give the power to regulate a particular kind of activity to an administrative, or regulatory, agency. • Administrative law consists of those rules and procedures established by regulatory agencies.

29. Section 1.2Assessment Reviewing What You Learned • What are the various parts of the U.S. Constitution?

30. Section 1.2Assessment Reviewing What You Learned • What are the components of common law?

31. Section 1.2Assessment Reviewing What You Learned • What are the purposes of statutory law?

32. Section 1.2Assessment Reviewing What You Learned • How do the courts make laws?

33. Section 1.2Assessment Reviewing What You Learned • How does the government make administrative regulations?

34. Section 1.2 Assessment Critical Thinking Activity Sources of Law Why is it important to be able to distinguish between the U.S. Constitution and statutory law?

35. Section 1.2Assessment Legal Skills in Action The Articles of Confederation The U.S. Constitution is not the original governing document for the United States. At one time, the national government was organized and operated under the Articles of Confederation.

36. Section 1.2Assessment Legal Skills in Action The Articles of Confederation The Articles lasted only a decade, however. With a partner, conduct a research project to uncover the weaknesses of the Articles of Confederation.

37. End of Section 1.2