Chapter 2 - Structures of American Law - Concepts Flashcards
(1) is one of the hallmarks of the American constitutional system. Each state has its own (2) and (3), though state statutes adopted are subordinate to the (4) and (5).
- Federalism
- machinery of government
- state constitution
- US Constitution
- laws adopted by Congress
8 powers designated to national government
- make treaties
- make laws that govern high seas
- coin money
- regulate standards of weights and measures
- regulate international trade
- regulate immigration/naturalization
- provide for national
- primarily regulate interstate commerce
4 powers delegated to states
- Establish and control local governments (cities, townships, counties)
- Conduct elections and apportion electoral districts (in compliance with federal standards)
- primary police power
- primary authority over commerce within borders
Police power is the power to make laws in furtherance of (1), (2), (3) and (4).
- public health
- safety
- welfare
- morality
7 concurrent powers – powers vested in state and national government
- power to tax
- power to spend and borrow money
- enact legislation
- charter and regulate banks
- establish courts of law
- establish administrative/regulatory agencies
- eminent domain
Some common features exist between state and nation governments. Each is based on a (1), which represents the fundamental and supreme law within the system. Each is based on the principle of (2) among the three branches. Each system has a (3) that enacts statutes which apply generally within the system. Each has a (4) responsible for administering government, and each has a (5) located within its executive branch. Each has its own set of (6).
- constitution
- separation of powers
- legislature
- chief executive
- bureaucracy
- law enforcement agencies
Each of the 51 legal systems also has a (1) or (2) that represents the interests of people within its jurisdiction on both civil and criminal matters. Each also has its own (3) which interpret constitutional provisions and exercise judicial review.
- governmental law office
- attorney general’s office
- court system
Legislatures in the US (1) and are composed of the the people’s elected representatives chosen through (2). Two types of legislators exist–(3), who discern what constituents prefer and vote accordingly, and (4), who rely on a sense of what is best. Most use a combination of these techniques, and (5) also come into play.
- make laws
- free and fair elections
- constituents
- trustees
- partisan politics
The US national legislature is Congress. The Constitution sought to (1) on its powers delegated in the Articles of Confederation, giving it (2), like the power to tax and regulate interstate commerce, as well as (3), demonstrated in the Necessary and Proper Clause. Congress legislates broad areas, but may not violate (4).
- expand
- enumerated powers
- implied powers
- Constitutional limitations (Bill of Rights)
Congress also has the power of (1) to ensure the Executive Branch is carrying out its laws as intended. For help with this, Congress has the power to (2) to agencies within the Ex Branch.
- oversight
2. delegation of legislative powers
Congress also acts in a judicial fashion when it uses its power to (1), which requires charges brought by the (2) and a 2/3 (3) majority in trial.
- impeach
- House of Representatives
- Senate
Laws enacted by Congress begin as (1) introduced by members of either the Senate or HoR. Bills to raise revenue must begin in the (2). Once assigned, a (3) discusses and chooses whether to approve the bill. If approved, it is sent to the (4) for a vote. To pass, an (5) must pass simple majority vote in both chambers.
- bills
- House of Representatives
- committee
- floor
- identical form of the bill
Once a bill passes, it is sent to the President, who has three options:
- Veto the bill (overridden by a 2/3 majority in both chambers)
- Sign the bill into law (usually happens)
- Fail to act, causing the bill to become law automatically in 10 days
Once a bill becomes law, it is published in the (1), arranged by the order in which statutes were adopted. The (2) is a listing that arranges statutes by 50 subjects, or (3) and contains the most current decisions on each. The (4) is a version of the US Code, but with annotations including how court decisions have interpreted statutes.
- United States at Large
- US Code
- Titles
- United State Code Annotated (USCA)
All state legislatures except Nebraska’s are (1). When statutes are adopted by state legislatures, they are published in volumes known as (2) and then integrated into (3). After the American Revolution, the states adopted (4) but eventually enacted statutes to (5) it. Periodically, states revise codes for relevancy, repealing, for example, offenses (6).
- bicameral
- session laws
- state codes
- common law
- codify
- no longer enforced
Trial courts (1) and are the (2), Appellate courts are not fact finding bodies; rather, they (3), (4) and (5).
- make factual determinations
- primary settlers of legal disputes
- review proceedings of lower courts
- correct errors
- settle unresolved legal issues
Law evolves not only through the (1) but also through a process of (2) in the context of particular cases. These cases arise in federal or state courts.
- legislative process
2. judicial interpretation
4 things Congress regulates with regard to the judicial branch
- structure of federal judiciary
- number of federal judges
- jurisdiction of lower federal courts
- funding for federal judiciary
Courts have jurisdiction (ability to hear a case) with regard to (1), (2), and (3). The jurisdiction of the SC is provided for in (4), though Congress may regulate its appellate authority, Jurisdiction of (5) is determined solely by Congress.
- categories of persons
- specific geographical areas
- particular types of issues
- Article III
- lower federal courts
Two basic categories of federal jurisdiction
- federal question jurisdiction
2. diversity of citizenship jurisdiction
Federal question jurisdiction is a case that handles a question arising in the (1), a (2), (3) (4) or (5). Most important issues of (6) an be framed as issues of federal law.
- US Constitution
- federal statute
- regulation
- executive order
- treaty
- public policy
Diversity of citizenship applies only to (1). A case must involve parties from (2) and an amount in controversy exceeding (3),
- civil cases
- different states
- $75,000
Federal courts also have sole jurisdiction over (1). Each federal court has its own (2).
- bankruptcies
2. bankruptcy court
The (1) are the major trial courts in the federal system. There are currently (2) federal judicial systems, allocated to states by population/caseload. Normally only one judge presides at hearings/trials, but in exceptional cases there may be (3). Over a 25 year period, criminal cases have rose disproportionately to civil cases–due in large part to the (4) and other expansions of law enforcement.
- United State District Courts
- 94
- three
- war on drugs