4 Types of Laws in the US - PowerPoint PPT Presentation

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4 Types of Laws in the US

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  1. 4 Types of Laws in the US (about 123 slides)

  2. 4 Types of Laws in the US • US Constitution • Supreme law of the land • Statutory Law • Laws made by lawmakers • Regulatory Law • Laws made by govt. agencies • Case Law • Precedents from other judges

  3. 1789

  4. US Constitution • Highest law in our country (the “supreme” law)

  5. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles”

  6. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” • Lays out how our government works

  7. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” • Lays out how our government works • Congress

  8. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” • Lays out how our government works • Congress • President

  9. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” • Lays out how our government works • Congress • President • Supreme Court

  10. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” • Lays out how our government works • Congress • President • Supreme Court • Rights and freedoms to states and individuals

  11. US Constitution can be changed in 2 ways • Amendment • Done 27 times so far • First 10 = “Bill of Rights”

  12. US Constitution Amendments 16&17 20&21 B of R (1-10) 13, 14, 15 22 27

  13. 1st 10 amendments = “Bill of Rights” 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th

  14. 1st 10 amendments = “Bill of Rights” 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th Let’s look at three examples…

  15. F 1st amendment irst reedom

  16. First Amendment • Freedom of religion • Freedom of speech • Freedom of thepress • Freedom to peaceably assemble • Freedom to petitiontheGovt.

  17. 4th amendment “Search” and “Seizure”

  18. 5th amendment “Self Incrimination”

  19. US Constitution can be changed in 2 ways • Amendment • Done 27 times so far • First 10 = “Bill of Rights”

  20. US Constitution can be changed in 2 ways • Amendment • Done 27 times so far • First 10 = “Bill of Rights” • Constitutional Convention • Never done

  21. US Constitution versus What the words mean What the words say

  22. Example: Amendment 3: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner…”

  23. Example: Amendment 3: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner…” My question: Can SAILORS be quartered without consent?

  24. US Constitution versus What the words mean What the words say The Supreme Court makes the final decision about what the words in the US Constitution mean.

  25. Example: Amendment 1: “Congress shall make no law …abridging the freedom of speech…”

  26. What does “speech” mean? What does “Freedom of speech” mean?

  27. What does “speech” mean? What does “Freedom of speech” mean?

  28. What does “speech” mean? Does “speech” only mean “talking”?

  29. Are hand signals “speech”? Does “freedom of speech” mean “freedom of hand signals”?

  30. Are dances that “tell” a story really “speech”?

  31. Does “freedom of speech” mean “freedom of dance”?

  32. Are signs “speech”?

  33. Does “freedom of speech” mean “freedom of signs”?

  34. Are T-shirts “speech”?

  35. Does “freedom of speech” mean “freedom of T-shirts”?

  36. Here’s what you have to know…

  37. The Supreme Court decides what the words in the U.S. Constitution mean. Example: What does “Freedom of Speech” mean?

  38. US Constitution versus What the words mean What the words say The Supreme Court has decided what the US Constitution means when it says “freedom of speech” many times, last time in 2012 United States v. Alvarez, http://en.wikipedia.org/wiki/United_States_v._Alvarez

  39. In general, when the U.S. Constitution says “freedom of speech” the Supreme Court says that it means “freedom of expression”

  40. How free is free? Does “freedom of expression” mean you can say anything you want?

  41. Is it legal to say, “Let’s go burn down his house!”?

  42. Is it legal to say, “Let’s go burn down his house!”? No. That’s an “imminent threat”

  43. Is it legal to say, “Let’s go burn down his house!”? No. That’s an “imminent threat” “Imminent threats” are not allowed under “freedom of expression” The US Supreme Court decided this issue in Brandenburg v. Ohio, 1969

  44. Is it legal to say enough bad things about a guy’s mother that he finally punches you in the face?

  45. No. “Fighting words” are illegal Is it legal to say enough bad things about a guy’s mother that he finally punches you in the face?

  46. No. “Fighting words” are illegal “Fighting words” are not allowed under “freedom of expression” Is it legal to say enough bad things about a guy’s mother that he finally punches you in the face? The US Supreme Court decided this issue in Chaplinsky v. New Hampshire, 1942

  47. Is it legal to knowingly falsely yell “FIRE!” in a crowed theater?

  48. No. “Dangerous words” are illegal Is it legal to knowingly falsely yell “FIRE!” in a crowed theater?

  49. No. “Dangerous words” are illegal “Dangerous words” are not allowed under “freedom of expression” Is it legal to knowingly falsely yell “FIRE!” in a crowed theater? The US Supreme Court decided this issue in Schenck v. United States, 1919

  50. Does “freedom of speech” mean I can wear anything I want to school?