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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.

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Introduction to Law

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  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

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