Foundations of US Government and Law Flashcards
Example of laws reflecting local value of an area
Texas abortion law
Supremacy clause of the Constitution (federal and state effects)
Federal law must be made in pursuance; no state law may violate the Constitution or federal law
preemption
Federal statutes covering particular subject matter preempt states from making statutes covering the same matter
1st Amendment
Freedom of speech and religion
1st Amendment restrictions for commercial speech
Where serve a government interest
Example of 1st Amendment Restrictions on commercial speech
Drug ads
1st Amendment religious effect on businesses
Basis of religious accommodations
5th Amendment
Cannot deprive citizens of life, liberty, or property without due process
Procedural due process
Right for citizens to hearings before a neutral decision maker prior to deprivation
Substantive due process
Government cannot impact or infringe upon a fundamental right without a compelling reason
14th Amendment (2)
Restricts government action infringing upon rights AND provides for equal protection of citizens under the law
14th Amendment Case
Loving v. Virginia - Virginia anti-miscegenation laws were unconstitutional; illegal for there to be any distinction in law based on race
Strict scrutiny condition/classes
Historically discriminated classes (race, disability) or fundamental rights (health, privacy, interstate travel, courts, speech)
Strict scrutiny criteria
Must serve a compelling government interest; law must be narrowly tailored to interest; law must be as least restrictive as possible
Intermediate scrutiny test condition
Gender, geography, age, illegitimacy
Intermediate scrutiny criteria
Must serve an important government interest; law must be substantially related to interest.
Rational basis test conditions
Classes not covered under intermediate or strict scrutiny
Rational basis criteria
Law must serve legitimate government interest and be rationally related to that purpose.
Important powers of Congress
Power to tax and spend; power to regulate interstate commerce
Congressional influence over state policy
Use of power to tax and spend to redirect federal funds based on policy
Constitutional justification of Obamacare Shared Responsibility Penalty
Tax under Congressional ability to tax and spend
Wickard v. Filburn
Roscoe Filburn grew wheat on own farm for personal use in violation of agricultural quota; was ruled to be under scope of regulating interstate commerce b/c growth of own wheat affects prices of wheat
Supreme court case which established judicial review
Marbury v. Madison
Which court system’s Constitutional interpretations control
Federal judiciary takes precedence over state courts
Presidential checks and balances on Congress
veto
Presidential checks and balances on judiciary
Selection of judges
Congressional checks and balances on president
Override veto, conduct hearings, compel attendance of witnesses, refuse to confirm executive appointments, impeachment by House majority and removal by two-thirds Senate majority
Congressional checks and balances on judiciary
Can refuse to confirm federal judges, limit scope of judicial review, or increase number of federal judges
Judicial checks and balances on legislature and executive
Judicial review/invalidation of laws and executive orders
Diffusion of power
Difficulty of passing laws through Congress leads to more being done by Presidents via executive order
10th Amendment
Powers not delegated to United States by the Constitution are reserved to the States or to the people
Plenary power
Power exclusive to a particular branch, such as Congress’ ability to regulate interstate commerce
Two types of law which compose US legal system
common law and code law
Stare decisis
Legal principle of applying past opinions
Civil law
Based on comprehensive body of code laws created by legislature rather than judicial decision
Importance of stare decisis
Provides predictability/consistency in application of law
Caveats of stare decisis
Higher courts can overrule prior decisions, or judicial decision can be overruled by legislature
Civil law
Governs duties owed to each other as citizens of a state
Criminal law
Governs acts considered to be wrongs against the public
Public law
Curtailing behaviors society finds to be objectionable
Private law
Governs making injured parties whole
Four sources of law in United States
Constitution, statutes, regulations, common law
Ordinances
Laws created by city councils/boards of supervisors
Regulations
Laws created by administrative agencies
Two bases of common law
Past opinions and legal principles
Trial court
Lowest court, where evidence is presented before a judge and jury
Examples of codes
Labor Code, Fish and Game Code
Appellate court
Successor to trial court, where decisions from trial court are appealed
Supreme court
Successor to appellate court, where decisions by appellate court are appealed.
Supreme court caveat
Discretion when deciding to hear a case
Name of state trial courts
Superior courts
Name of state appellate courts
Courts of Appeal
Name of federal trial courts
District courts
Name of federal appeal courts
Circuit courts
Federal question
Cases concerning federal law or the Constitution
Federal jurisdiction
Federal questions or diversity of citizenship over $75,000
Rationale for allowing cross-state suits to take place in federal courts
No unfair advantage for either party
Changing location of court
Cannot be done by appeal
Writ of certiorari
Filing made by party to request an appeal
Granting cert
When U.S. Supreme Court decides to hear case
When Supreme Court tends to grant cert
Multiple circuit courts disagree or issue of particular importance
Alternate name for decision made by court
“the holding”
