Section 1.2

1. Section 1.2

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

3. There are Five Main Sources of U.S. Law Although they may seem different, they all pertain to the law in some way.

4. The Five Main Sources of U.S. Law • constitutional law • common law • statutory law

5. The Five Main Sources of U.S. Law • court decisions • administrative regulations

6. 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

7. 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

8. The U. S. Constitution • Adopted September 17, 1787

9. 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

10. 1.2 The Articles of the Constitution of the United States, in order to form… Article I. The Legislative Branch Article II. The Executive Branch Article III. The Judicial Branch Article IV. Relations Among States Article V. The Amending Process Article VI. National Supremacy Article VII. The Ratification of the Constitution

11. The First Ten Amendments to the U. S. Constitution Is called “The Bill of Rights” Ratified in 1791

12. The Bill of Rights Amendment I • Religious and Political Freedom • Freedom of Religion • Freedom of Speech • Freedom of Press • Freedom of Assembly • Freedom of Petition

13. The Bill of Rights Amendment II • The Right to Bear Arms

14. The Bill of Rights Amendment III • Quartering Troops

15. The Bill of Rights Amendment IV • Searches and Seizures

16. The Bill of Rights Amendment V • Rights of Accused Persons

17. The Bill of Rights Amendment VI • Right to a Speedy and Fair Trail

18. The Bill of Rights Amendment VII • Right to a Jury Trail

19. The Bill of Rights Amendment VIII • Bail and Punishment

20. The Bill of Rights Amendment IX • Rights Not Enumerated

21. The Bill of Rights Amendment X • Powers Reserved to the States

22. Amendments to the U. S. Constitution There are 27 Amendments The last was passed in 1992

23. 13th Amendment Abolition of Slavery Passed in 1865

24. 14th Amendment Limitation of State Action Passed in 1868

25. 15th Amendment Right to Vote Passed in 1870

26. 19th Amendment Women’s Suffrage Passed in 1920

27. 26th Amendment Eighteen Year Old Vote Passed in 1971

28. 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.

29. The Articles of Confederation The Articles adopted by Congress on November 15, 1777 and lasted only a decade.

30. State Constitutions • each state has its own constitution • although they are similar, they are not identical to the federal Constitution • they can be more protective, narrower, and more restrictive than the federal Constitution

31. 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.

32. 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.

33. 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.”

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

35. ANSWER 27

36. What are the 1st ten amendments to the U.S. Constitution?

37. ANSWER The Bill of Rights

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

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

40. 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.

41. Statutory Law Federal and state statutes cannot conflict with the U.S. Constitution, or they may be ruled unconstitutional, or invalid.

42. Court Decisions Courts make laws in three ways: • through common-law tradition • by interpreting statutes • by judicial review

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

44. ANSWER Statutory law

45. 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.

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

47. Section 1.2Assessment Reviewing What You Learned Answer Articles, which establish the national government, and amendments, which outline the rights of the people.

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

49. Section 1.2Assessment Reviewing What You Learned Answer Based upon previous court decisions

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