Overview of the US Legal System

Question 1

Enumerated powers of Congress

Answer 1

Lay and collect taxes; pay debts and borrow money; regulate commerce; coin money; establish post offices; protect patents and copyrights; establish lower courts; declare war; and raise and support an Army and Navy; create laws for DC; immigration and naturalization; punishing piracy on the high seas and crime under international law.

Question 2

Constitutional sources of power

Answer 2

Article I; Section 8; Clauses 1-18

Question 3

Implied powers of US Congress

Answer 3

“To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the constitution in the government of the US or in any department of offices thereof.”

Question 4

Federalism definition

Answer 4

A system of government in which the same territory is controlled by two levels of government. Generally an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.

Question 5

Jurisdiction definition

Answer 5

Power of governments to regulate

Question 6

Exclusive jurisdiction

Answer 6

Sole power to act or regulate in a certain situation

Question 7

Concurrent jurisdiction

Answer 7

Situation where more than one entity has power to act or regulate

Question 8

Police powers of state

Answer 8

The capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants

Question 9

Branches of US Government

Answer 9

Legislative: Power to pass legislation
Judicial: Creates it’s own procedural rules and issues judicial opinions that create precedent
Executive: President and any arms he oversees

Question 10

Separation of Powers

Answer 10

The division of governmental authority into three branches of government

Question 11

Separation of powers holding in Zivotofsky v. Kerry (2015)

Answer 11

Checks and Balances: Constitutional doctrine that each of the three branches of the government operates as a check on the powers of the others.
Zivotofsky: Asked American Embassy officials to list his place of birth as “Israel” but they said the Executive Branch does not recognize any country having sovereignty over Jerusalem. Brought suit and DC circuit held the statute unconstitutional.

Question 12

Source of local Government power to regulate

Answer 12

Local government must be granted power by the state. In general, mayors, city councils, and other governing bodies are directly elected by the people.

Question 13

Institutional sources of American law and types of law produced by each institution

Answer 13

Constitutional Conventions: Constitutions
Executive Branch: Executive orders
Legislative Branch: Statutes
Judicial Branch: Judicial opinions (case law) and rules of court
Administrative Agencies: Administrative rules and regulations; administrative decisions

Question 14

Types and number of Constitutions in the American legal system

Answer 14

US Constitution (1) and state constitutions (50 plus territorial)

Question 15

Name of the Federal Statutory Code

Answer 15

Code of Federal Regulation (CFR)

Question 16

Name of the Alaska Statutory Code

Answer 16

Alaska Administrative Code (AAC)

Question 17

Name of the Federal Statutory Session laws

Answer 17

US Statutes at large

Question 18

Name of the Alaska Statutory Session laws

Answer 18

Session laws of Alaska

Question 19

Name of publication containing the Federal Administrative Code

Answer 19

Federal Register

Question 20

Names of publications containing the Alaska Administrative Code

Answer 20

Alaska Online Public Notice System