Unit_1_Sources_of_Law_Week_2

Unit_1_Sources_of_Law_Week_2 - PASS LAWS Quasi-Executive...

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The Structure and Function of the U.S. Legal System MC 3080, Section 3 Week 2
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Name that Justice
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Constitutional law Supreme law of the land Supreme Court Court of last resort Interprets what constitution means Majority ruling on constitutional issue v. dissenting ruling Let’s Review
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Statutory Law Congress votes on bills. State legislatures enact legislation. Municipal councils usually approve ordinances.
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Statutory Law Example: Gitlow v. New York Gitlow convicted under state statutory law Gitlow contended application of that law violated his First Amendment rights Led to question about if and, if so, how First Amendment rights extend to states
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State gov’t action Speech protected by the First Amendment force shield created to deflect federal gov’t action
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Administrative Law Law made by regulatory agencies Agency Powers Quasi-Legislative
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Unformatted text preview: PASS LAWS Quasi-Executive ENFORCE LAWS Quasi-Judicial ADJUDICATE DISPUTES. Administrative Law Legislative Branch: Has power through enabling legislation (Federal Communication Act of 1934 created FCC) Executive Branch Has power through appointments (President appoints the FCC Chairman) Judicial Branch Has power through through judicial review (SCOTUS reviewed FCC rules in Red Lion v. FCC ) Sources of Law: Please Recall Protection can come from more than once source Example: Constitutional reporters privilege; common law privilege; statutory privilege Constitutional law v. common law Courts can interpret the U.S. Constitution; that interpretation is constitutional law Judicial Review Power of courts to strike down laws or regulations inconsistent with Constitution...
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Unit_1_Sources_of_Law_Week_2 - PASS LAWS Quasi-Executive...

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