Primary Sources of Law Flashcards
Federalism
power is divided between state and federal governments
system of checks and balances
3 branches of government keep each other in check
The Emoluments Clause
no title of nobility shall be granted by the US and no person holding any office of profit or trust under them, shall without the consent of congress accept any present… from any King, prince, or foreign state
Judicial Review
when the judges look at and interpret the law of the state and federal levels with the constitution to see if its constitutional
Supremacy Clause
constitutional laws are the supreme laws and judges in every state shall be bound (they are obliged to review state laws and make sure they’re constitutional)
judicial restraint
courts must assume all statutes are presumptively valid
strict constructionism
you strictly follow the language of the Constitution, interpreting it literally
judicial activists
view the constitution as living… the language of the constitution is their starting place, and they interpret the rest from there
Commerce Clause
congress may regulate commerce AMONG the states (interstate commerce)
Dormant commerce clause
prohibit state legislation that discriminates against interstate or international commerce
Full Faith and Credit Clause
requires states to honor each other’s laws and court decisions
Privileges and Immunities Clause
ensures that when an individual visits another state, he/she has the same rights and privileges as the residents of that state (cant be discriminated for being a non-resident)
- exceptions: out of state tuition, licenses
Establishment Clause
you can believe in any religion you want
Exercise Clause
how you exercise it is limited based on the laws in the US
Federal Alien and Sedition Act (1798)
crime to write anything false about or to criticize the government
Federal Sedition Act/Schenk v US (1919)
made fighting words an exception to the 1st Amendment
Federal Alien and Registration Act/Smith Act (1950)
crime to advocate for the overthrow of the government
Statutory Law
Written laws passed by legislatures (state or federal)(how state codes are formed/added)
Uniform Statutes
Laws made by the federal government that states can choose to reject or adapt in part of in full
Administrative Law
created by administrative agencies - branch of government created by an enabling stature to govern a specific area of the law
Common Law/Case Law
judge-made law by interpreting constitutions and statutes
Judicial Restraint
judges must stick to the plain language of a statute (only if language is ambiguous may they sub their judgement for the law which is very hard to do)
Stare Decisis
Doctrine requires that courts adhere to and apply principles of law that have been decided in prior cases as precedent in that court and courts of higher rank within that jurisdiction and apply it to later cases that include substantially the same facts or issues
Ex Post Facto
law the imposes criminal liability or increases criminal punishment retroactively
Writ of Mandamus
A court order to an elected official to do his job