4 Sources of Laws in the US
1
(about 132 slides)
I am not a lawyer
(I’m just teaching
basic law information
to high school students.)
2
4 Sources of Laws in the US
1. US Constitution
– Supreme law of the land
2. Statutory Law
– Laws made by lawmakers
3. Regu...
4
US Constitution
• Highest law in our country (the “supreme” law)
5
US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
6
US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
• Lays out how our government...
US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
• Lays out how our government...
US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
• Lays out how our government...
US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
• Lays out how our government...
US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
• Lays out how our government...
US Constitution can be changed in 2 ways
1) Amendment
•Done 27 times so far
•First 10 = “Bill of Rights”
12
0
1
2
1791
1801
1811
1821
1831
1841
1851
1861
1871
1881
1891
1901
1911
1921
1931
1941
1951
1961
1971
1981
1991
US Constitu...
1st 10 amendments = “Bill of Rights”
1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
14
1st 10 amendments = “Bill of Rights”
1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
15
Let’s look at three examples…
1st amendment
16
First Amendment
1. Freedom of religion
2. Freedom of speech
3. Freedom of the press
4. Freedom to peaceably assemble
5. Fr...
4th amendment
18
“Search” and “Seizure”
5th amendment
19
“Self Incrimination”
US Constitution can be changed in 2 ways
1) Amendment
•Done 27 times so far
•First 10 = “Bill of Rights”
20
US Constitution can be changed in 2 ways
1) Amendment
•Done 27 times so far
•First 10 = “Bill of Rights”
2) Constitutional...
US Constitution
What the
words say versus
What the
words mean
22
23
Amendment 3: “No Soldier shall, in time of
peace be quartered in any
house, without the consent of the
Owner…”
Example:
24
Amendment 3: “No Soldier shall, in time of
peace be quartered in any
house, without the consent of the
Owner…”
Example:...
25
The Supreme Court decides what the
words in the U.S. Constitution mean.
26
Amendment 3: “No Soldier shall, in time of
peace be quartered in any
house, without the consent of the
Owner…”
Example:...
US Constitution
What the
words say versus
What the
words mean
The Supreme Court makes the final
decision about what the wo...
28
Amendment 1: “Congress shall make no law
…abridging the freedom of speech…”
Example:
29
What does “Freedom of speech” mean?
Can this woman say anything she wants
without fear of being arrested?
30
What does “Freedom of speech” mean?
Can this man say anything he wants
without fear of being arrested?
31
Does “speech” only mean “talking”?
32
Are hand signals “speech”?
Can she be
arrested for
making hand
signals, or does
she have
freedom of
“speech”?
33
Are dances that “tell” a story
really “speech”?
34
Can they be arrested for dancing, or do
they have freedom of “speech”?
35
Are signs “speech”?
36
Can she be arrested for holding up a sign, or does she
have freedom of “speech”?
37
Are T-shirts “speech”?
38
Can he be arrested for wearing a T-shirt, or does
he have freedom of “speech”?
Here’s what you have to know…
39
40
The Supreme Court decides what the
words in the U.S. Constitution mean.
Example: What does “Freedom of Speech” mean?
US Constitution
What the
words say versus
What the
words mean
The Supreme Court has decided
what the US Constitution means...
42
In general, when the U.S.
Constitution
says
“freedom of speech”
the Supreme Court
says that it
means
“freedom of expres...
How free is free?
Does
“freedom of
expression”
mean you can
say anything
you want?
43
How free is free?
Here are three
examples of
illegal
speech…
44
45
It is illegal to say,
“Let’s go burn down his house!”?
46
It is illegal to say,
“Let’s go burn down his house!”?
That’s an “imminent threat”
47
It is illegal to say,
“Let’s go burn down his house!”?
That’s an “imminent threat”
The US Supreme Court decided this is...
48
It is illegal to use words that try to get
someone to be violent.
49
“Fighting words” are illegal
It is illegal to use words that try to get
someone to be violent.
50
“Fighting words” are illegal
The US Supreme Court decided this issue in Chaplinsky v. New Hampshire, 1942
“Fighting wor...
51
It is illegal to knowingly falsely yell “FIRE!”
in a crowed theater.
52
It is illegal to knowingly falsely yell “FIRE!”
in a crowed theater.
“Dangerous words” are illegal
53
The US Supreme Court decided this issue in Schenck v. United States, 1919
“Dangerous words” are not allowed under
“free...
Does “freedom of speech” mean I can wear
anything I want to school?
54
55
The Supreme Court decided this issue in Tinker
v. Des Moines Independent Community School
District, 1969
56
The Supreme Court
decided that schools can
regulate student dress if
that dress would…
“materially and substantially di...
Does “freedom of speech” mean I can wear
anything I want to school?
57
Does “freedom of speech” mean I can wear
anything I want to school?
58
Here’s what you have to know…
59
60
The Supreme Court decides what the
words in the U.S. Constitution mean.
Can a lawmakers pass a law that
violates the US Constitution?
61
62
Can a lawmakers pass a law that
violates the US Constitution?
Here’s a law:
“While portraying a member of the
Army, Navy, Air Force, or Marine Corps, an
actor in a theatrical or motion...
Against the law?
In 1968, Daniel Schacht
performed a skit that
opposed the Vietnam War on
the street in Houston with
two o...
Against the law?
Daniel was
arrested, convicted, and
sentenced to a $250 fine
and six months in jail.
65
Against the law?
Daniel was
arrested, convicted, and
sentenced to a $250 fine
and six months in jail.
66
Why was he arrest...
Against the law?
Daniel was
arrested, convicted, and
sentenced to a $250 fine
and six months in jail.
“While portraying a ...
A law against the law?
He appealed his conviction
saying the law was illegal.
68
A law against the law?
He appealed his conviction
saying the law was illegal.
He said the law was a violation
of the Const...
A law against the law?
He appealed his conviction
saying the law was illegal.
He said the law was a violation
of the Const...
A law against the law?
Do you think this law was
against the law?
“While portraying a member of the
Army, Navy, Air Force,...
Laws cannot violate the US Constitution
The Supreme Court threw out
Daniel’s conviction and made
lawmakers change the
unco...
Laws cannot violate the US Constitution
Americans have the right to
express themselves in their
dress—freedom of “speech”....
Here’s what you have to know…
74
75
The Supreme Court decides if a law
violates the U.S. Constitution.
Amendment 6: “… the accused shall enjoy
the right … to have the Assistance of
Counsel for his defense.”
What does this mea...
77
The Supreme Court decides what the
words in the U.S. Constitution mean.
Example: What does “Right to Counsel” mean?
“The right of counsel”
What does it mean?
78
“The right of counsel”
What does it mean?
Does it mean that
the government will
pay your lawyer bill?
79
“The right of counsel”
What does it mean?
Does it mean that
the government will
pay your lawyer bill?
That you can have a
...
“The right of counsel”
What does it mean?
Does it mean that
the government will
pay your lawyer bill?
That you can have a
...
“The right of counsel”
What does it mean?
1791-1932 it meant:
You can hire your
own lawyer if you
want;
otherwise, you’re ...
“The right of counsel”
What does it mean?
1932 it meant:
Govt. will pay for a
lawyer if:
83
Powell v Alabama
• Federal cas...
“The right of counsel”
What does it mean?
1938 it meant:
Govt. will pay for a
lawyer if:
84
• Federal case
• Poor
• Facing...
“The right of counsel”
What does it mean?
1961 it meant:
Govt. will pay for a
lawyer if:
85
• Federal case or State case
•...
“The right of counsel”
What does it mean?
1963-present:
Govt. will pay for a
lawyer if:
86
• Federal case or State case
• ...
87
The Supreme Court decides what the
words in the U.S. Constitution mean.
The Supreme Court only makes
decisions about issues that come
before it.
Justices do not, out of the blue, give
their opin...
Suppose all 9 Supreme Court Justices
today believe that the US Constitution
does not allow citizens to be taxed unless
the...
US Constitution Summary
• The “supreme” law of the land
• Lays out how our government works
• Guarantees rights and freedo...
Constitutions in other countries…
91
MALDIVES
Their 1997 constitution:
• Requires all citizens
to be Muslim
• Prohibits vi...
Constitutions in other countries…
92
ERITREA
No freedom of the press.
No privately-owned news
media is allowed in the
coun...
Constitutions in other countries…
93
GERMANY
It is against the law:
• to deny the Holocaust
• to display a swastika
Constitutions in other countries…
94
Burma (Myanmar)
No freedom to
peacefully assemble.
No right to petition
changes to th...
Constitutions in other countries…
95
China
No freedom to
peacefully assemble.
No right to petition
changes to the
governme...
Constitutions in other countries…
96
Bahrain
No freedom to
peacefully assemble.
No right to petition
changes to the
govern...
Statutory Law
97
Statutory Law
Laws made by lawmakers
98
Statutory Law
Laws made by lawmakers
• Federal Laws
• State Laws
• Local Laws
–County Laws
–City Laws
99
Statutory Law
Laws made by lawmakers
• Federal Laws
• State Laws
• Local Laws
–County Laws
–City Laws
100
}Generally calle...
Statutory Law
Laws made by lawmakers
• Federal Laws
• State Laws
• Local Laws
–County Laws
–City Laws
101
}Generally calle...
Federal Lawmakers
102
Federal Lawmakers
103
meet in Washington, D.C.
Federal Lawmakers
104
create statutory laws for the entire U.S.
Federal Lawmakers
“Congress”
(We’ll have a complete unit on lawmakers
later in this course)
105
1. U.S. Senate
2. U.S. Hou...
California State Lawmakers
106
California State Lawmakers
107
meet in Sacramento
California State Lawmakers
108
create statutory laws for California
109
California State Lawmakers
1. California State Senate
2. California State Assembly
3. California State Citizens
(throu...
Regulatory Law
110
Regulatory Law
Made by government agencies, boards, or
commissions based on laws passed by lawmakers.
111
Regulatory Law
112
Generally called “codes” or “regulations”
113
Regulatory Law
For example, Federal
lawmakers might pass
a statute that says that
all cities must provide
safe water t...
114
Regulatory Law
The Environmental
Protective Agency will
create regulations
(administrative laws)
about how much zinc
c...
115
Regulatory Law
For example, Federal
lawmakers might pass
a statute that says that
all drugs sold in the US
must be pro...
116
Regulatory Law
The Food and Drug
Administration
must prove that a
new drug is “safe
and effective”
before it can be so...
117
Case Law
Created by a judge’s previous ruling
118
Case Law
When a judge decides a
case, other judges will
usually decide their
cases similarly when
presented with a sim...
119
Case Law
Precedent = “stare decisis”
120
Case Law
Precedent = “stare decisis”
stare decisis: let the decision stand
121
Case Law
For example, the US Supreme Court decided
that it is illegal for a school to suspend a
student for wearing a ...
122
The Supreme Court ruled that schools can
only regulate student dress if that dress
would “materially and substantially...
123
Do you think it is legal for a school to
suspend a student for having long hair?
124
Does having long hair “materially and
substantially disrupt the work and discipline
of the school” ?
125
Case Law
A judge with a case about a student being
suspended for having long hair might
carefully read the Tinker case...
126
Ohio,
2012
http://www.huffingtonpost.com/2012/10/24/student-punished-for-growing-hair-for-
charity_n_2010040.html
127
Louisiana,
2011
http://www.care2.com/causes/louisiana-student-suspended-for-having-long-hair.html
128
Michigan,
2012
http://www.mlive.com/news/flint/index.ssf/2012/01/burton_charter_school_student.html
129
Case Law
When a judge decides a
case, other judges will
usually decide their
cases similarly when
presented with a sim...
130
Case Law
In 1976 the California
Supreme Court decided
that unmarried people
who live together may
enter into cohabitat...
131
Case Law
Now, if someone argues
that an unmarried
couple in California
cannot enter into
cohabitation
agreements, a ju...
132
Case Law
Now, if someone argues
that an unmarried
couple in California
cannot enter into
cohabitation
agreements, a ju...
4 Types of Laws in the US
1. US Constitution
2. Statutory Law
– Laws made by lawmakers
3. Regulatory Law
– Laws made by go...
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4 Sources Of Laws In The US

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basic law information for high school students

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4 Sources Of Laws In The US

  1. 1. 4 Sources of Laws in the US 1 (about 132 slides)
  2. 2. I am not a lawyer (I’m just teaching basic law information to high school students.) 2
  3. 3. 4 Sources of Laws in the US 1. US Constitution – Supreme law of the land 2. Statutory Law – Laws made by lawmakers 3. Regulatory Law – Laws made by govt. agencies 4. Case Law – Precedents from other judges 3
  4. 4. 4
  5. 5. US Constitution • Highest law in our country (the “supreme” law) 5
  6. 6. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” 6
  7. 7. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” • Lays out how our government works 7
  8. 8. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” • Lays out how our government works – Congress 8
  9. 9. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” • Lays out how our government works – Congress – President 9
  10. 10. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” • Lays out how our government works – Congress – President – Court System 10
  11. 11. US Constitution • Highest law in our country (the “supreme” law) • Divided into 7 “Articles” • Lays out how our government works – Congress – President – Court System – Rights and freedoms to states and individuals 11
  12. 12. US Constitution can be changed in 2 ways 1) Amendment •Done 27 times so far •First 10 = “Bill of Rights” 12
  13. 13. 0 1 2 1791 1801 1811 1821 1831 1841 1851 1861 1871 1881 1891 1901 1911 1921 1931 1941 1951 1961 1971 1981 1991 US Constitution Amendments 27 16 & 1713, 14, 15 BofR(1-10) 22 13 20 & 21
  14. 14. 1st 10 amendments = “Bill of Rights” 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 14
  15. 15. 1st 10 amendments = “Bill of Rights” 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 15 Let’s look at three examples…
  16. 16. 1st amendment 16
  17. 17. First Amendment 1. Freedom of religion 2. Freedom of speech 3. Freedom of the press 4. Freedom to peaceably assemble 5. Freedom to petition the Govt. 17
  18. 18. 4th amendment 18 “Search” and “Seizure”
  19. 19. 5th amendment 19 “Self Incrimination”
  20. 20. US Constitution can be changed in 2 ways 1) Amendment •Done 27 times so far •First 10 = “Bill of Rights” 20
  21. 21. US Constitution can be changed in 2 ways 1) Amendment •Done 27 times so far •First 10 = “Bill of Rights” 2) Constitutional Convention •Never done 21
  22. 22. US Constitution What the words say versus What the words mean 22
  23. 23. 23 Amendment 3: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner…” Example:
  24. 24. 24 Amendment 3: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner…” Example: My question: Can a SAILOR be quartered without consent?
  25. 25. 25 The Supreme Court decides what the words in the U.S. Constitution mean.
  26. 26. 26 Amendment 3: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner…” Example: My question: Can a SAILOR be quartered without consent?
  27. 27. US Constitution What the words say versus What the words mean The Supreme Court makes the final decision about what the words in the US Constitution mean. 27
  28. 28. 28 Amendment 1: “Congress shall make no law …abridging the freedom of speech…” Example:
  29. 29. 29 What does “Freedom of speech” mean? Can this woman say anything she wants without fear of being arrested?
  30. 30. 30 What does “Freedom of speech” mean? Can this man say anything he wants without fear of being arrested?
  31. 31. 31 Does “speech” only mean “talking”?
  32. 32. 32 Are hand signals “speech”? Can she be arrested for making hand signals, or does she have freedom of “speech”?
  33. 33. 33 Are dances that “tell” a story really “speech”?
  34. 34. 34 Can they be arrested for dancing, or do they have freedom of “speech”?
  35. 35. 35 Are signs “speech”?
  36. 36. 36 Can she be arrested for holding up a sign, or does she have freedom of “speech”?
  37. 37. 37 Are T-shirts “speech”?
  38. 38. 38 Can he be arrested for wearing a T-shirt, or does he have freedom of “speech”?
  39. 39. Here’s what you have to know… 39
  40. 40. 40 The Supreme Court decides what the words in the U.S. Constitution mean. Example: What does “Freedom of Speech” mean?
  41. 41. US Constitution What the words say versus What the words mean The Supreme Court has decided what the US Constitution means when it says “freedom of speech” many times, last time in 2012 41 United States v. Alvarez, http://en.wikipedia.org/wiki/United_States_v._Alvarez
  42. 42. 42 In general, when the U.S. Constitution says “freedom of speech” the Supreme Court says that it means “freedom of expression”
  43. 43. How free is free? Does “freedom of expression” mean you can say anything you want? 43
  44. 44. How free is free? Here are three examples of illegal speech… 44
  45. 45. 45 It is illegal to say, “Let’s go burn down his house!”?
  46. 46. 46 It is illegal to say, “Let’s go burn down his house!”? That’s an “imminent threat”
  47. 47. 47 It is illegal to say, “Let’s go burn down his house!”? That’s an “imminent threat” The US Supreme Court decided this issue in Brandenburg v. Ohio, 1969 “Imminent threats” are not allowed under “freedom of expression”
  48. 48. 48 It is illegal to use words that try to get someone to be violent.
  49. 49. 49 “Fighting words” are illegal It is illegal to use words that try to get someone to be violent.
  50. 50. 50 “Fighting words” are illegal The US Supreme Court decided this issue in Chaplinsky v. New Hampshire, 1942 “Fighting words” are not allowed under “freedom of expression” It is illegal to use words that try to get someone to be violent.
  51. 51. 51 It is illegal to knowingly falsely yell “FIRE!” in a crowed theater.
  52. 52. 52 It is illegal to knowingly falsely yell “FIRE!” in a crowed theater. “Dangerous words” are illegal
  53. 53. 53 The US Supreme Court decided this issue in Schenck v. United States, 1919 “Dangerous words” are not allowed under “freedom of expression” It is illegal to knowingly falsely yell “FIRE!” in a crowed theater. “Dangerous words” are illegal
  54. 54. Does “freedom of speech” mean I can wear anything I want to school? 54
  55. 55. 55 The Supreme Court decided this issue in Tinker v. Des Moines Independent Community School District, 1969
  56. 56. 56 The Supreme Court decided that schools can regulate student dress if that dress would… “materially and substantially disrupt the work and discipline of the school.”
  57. 57. Does “freedom of speech” mean I can wear anything I want to school? 57
  58. 58. Does “freedom of speech” mean I can wear anything I want to school? 58
  59. 59. Here’s what you have to know… 59
  60. 60. 60 The Supreme Court decides what the words in the U.S. Constitution mean.
  61. 61. Can a lawmakers pass a law that violates the US Constitution? 61
  62. 62. 62 Can a lawmakers pass a law that violates the US Constitution?
  63. 63. Here’s a law: “While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.“ 10 U.S.C. §772 (f) 63
  64. 64. Against the law? In 1968, Daniel Schacht performed a skit that opposed the Vietnam War on the street in Houston with two other people. Schacht wore an accurate military uniform. In the skit he shot an unarmed pregnant Asian actress with a red liquid from a squirt gun. 64
  65. 65. Against the law? Daniel was arrested, convicted, and sentenced to a $250 fine and six months in jail. 65
  66. 66. Against the law? Daniel was arrested, convicted, and sentenced to a $250 fine and six months in jail. 66 Why was he arrested?
  67. 67. Against the law? Daniel was arrested, convicted, and sentenced to a $250 fine and six months in jail. “While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.“ 10 U.S.C. §772 (f)67
  68. 68. A law against the law? He appealed his conviction saying the law was illegal. 68
  69. 69. A law against the law? He appealed his conviction saying the law was illegal. He said the law was a violation of the Constitution, Amendment 1, that guarantees his right to free speech. 69
  70. 70. A law against the law? He appealed his conviction saying the law was illegal. He said the law was a violation of the Constitution, Amendment 1, that guarantees his right to free speech. The U.S. Supreme Court heard his case. 70
  71. 71. A law against the law? Do you think this law was against the law? “While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.“ 10 U.S.C. §772 (f)71
  72. 72. Laws cannot violate the US Constitution The Supreme Court threw out Daniel’s conviction and made lawmakers change the unconstitutional law. “While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.“ 10 U.S.C. §772 (f)72
  73. 73. Laws cannot violate the US Constitution Americans have the right to express themselves in their dress—freedom of “speech”. 73
  74. 74. Here’s what you have to know… 74
  75. 75. 75 The Supreme Court decides if a law violates the U.S. Constitution.
  76. 76. Amendment 6: “… the accused shall enjoy the right … to have the Assistance of Counsel for his defense.” What does this mean? 76
  77. 77. 77 The Supreme Court decides what the words in the U.S. Constitution mean. Example: What does “Right to Counsel” mean?
  78. 78. “The right of counsel” What does it mean? 78
  79. 79. “The right of counsel” What does it mean? Does it mean that the government will pay your lawyer bill? 79
  80. 80. “The right of counsel” What does it mean? Does it mean that the government will pay your lawyer bill? That you can have a free lawyer? 80
  81. 81. “The right of counsel” What does it mean? Does it mean that the government will pay your lawyer bill? That you can have a free lawyer? 81 Let’s trace some history…
  82. 82. “The right of counsel” What does it mean? 1791-1932 it meant: You can hire your own lawyer if you want; otherwise, you’re on your own. 82
  83. 83. “The right of counsel” What does it mean? 1932 it meant: Govt. will pay for a lawyer if: 83 Powell v Alabama • Federal case • Capital offense • Poor • Illiterate, feeble-minded, or the like.
  84. 84. “The right of counsel” What does it mean? 1938 it meant: Govt. will pay for a lawyer if: 84 • Federal case • Poor • Facing prison time Johnson v Zerbst
  85. 85. “The right of counsel” What does it mean? 1961 it meant: Govt. will pay for a lawyer if: 85 • Federal case or State case • Poor • Capital offense Hamilton v Alabama
  86. 86. “The right of counsel” What does it mean? 1963-present: Govt. will pay for a lawyer if: 86 • Federal case or State case • Poor • Facing prison time Gideon v Wainwright
  87. 87. 87 The Supreme Court decides what the words in the U.S. Constitution mean.
  88. 88. The Supreme Court only makes decisions about issues that come before it. Justices do not, out of the blue, give their opinions about the law. 88
  89. 89. Suppose all 9 Supreme Court Justices today believe that the US Constitution does not allow citizens to be taxed unless they are allowed to vote—no taxation without representation. The Justices cannot stop sales tax of citizens under 18 until a case comes to them. 89
  90. 90. US Constitution Summary • The “supreme” law of the land • Lays out how our government works • Guarantees rights and freedoms • Can be changed – First 10 Amendments called “Bill of Rights” • Some words and phrases are vague – Meaning interpreted by the US Supreme Court • No other law can violate the US Constitution 90
  91. 91. Constitutions in other countries… 91 MALDIVES Their 1997 constitution: • Requires all citizens to be Muslim • Prohibits visitors from practicing any other religion, including wearing a cross around their neck or having a Bible with them.
  92. 92. Constitutions in other countries… 92 ERITREA No freedom of the press. No privately-owned news media is allowed in the country. All news— television, radio, newspaper, magazines—is controlled by the government.
  93. 93. Constitutions in other countries… 93 GERMANY It is against the law: • to deny the Holocaust • to display a swastika
  94. 94. Constitutions in other countries… 94 Burma (Myanmar) No freedom to peacefully assemble. No right to petition changes to the government.
  95. 95. Constitutions in other countries… 95 China No freedom to peacefully assemble. No right to petition changes to the government.
  96. 96. Constitutions in other countries… 96 Bahrain No freedom to peacefully assemble. No right to petition changes to the government. http://www.youtube.com/watch?v=wbjA_3IzjEA http://www.youtube.com/watch?v=eBdu98w-f4k
  97. 97. Statutory Law 97
  98. 98. Statutory Law Laws made by lawmakers 98
  99. 99. Statutory Law Laws made by lawmakers • Federal Laws • State Laws • Local Laws –County Laws –City Laws 99
  100. 100. Statutory Law Laws made by lawmakers • Federal Laws • State Laws • Local Laws –County Laws –City Laws 100 }Generally called “statutes”
  101. 101. Statutory Law Laws made by lawmakers • Federal Laws • State Laws • Local Laws –County Laws –City Laws 101 }Generally called “statutes” }Generally called “ordinances”
  102. 102. Federal Lawmakers 102
  103. 103. Federal Lawmakers 103 meet in Washington, D.C.
  104. 104. Federal Lawmakers 104 create statutory laws for the entire U.S.
  105. 105. Federal Lawmakers “Congress” (We’ll have a complete unit on lawmakers later in this course) 105 1. U.S. Senate 2. U.S. House of Representatives
  106. 106. California State Lawmakers 106
  107. 107. California State Lawmakers 107 meet in Sacramento
  108. 108. California State Lawmakers 108 create statutory laws for California
  109. 109. 109 California State Lawmakers 1. California State Senate 2. California State Assembly 3. California State Citizens (through the “Initiative” process) (We’ll have a complete unit on lawmakers later in this course)
  110. 110. Regulatory Law 110
  111. 111. Regulatory Law Made by government agencies, boards, or commissions based on laws passed by lawmakers. 111
  112. 112. Regulatory Law 112 Generally called “codes” or “regulations”
  113. 113. 113 Regulatory Law For example, Federal lawmakers might pass a statute that says that all cities must provide safe water to its residents.
  114. 114. 114 Regulatory Law The Environmental Protective Agency will create regulations (administrative laws) about how much zinc can be in “safe” water.
  115. 115. 115 Regulatory Law For example, Federal lawmakers might pass a statute that says that all drugs sold in the US must be proven to be “safe and effective”.
  116. 116. 116 Regulatory Law The Food and Drug Administration must prove that a new drug is “safe and effective” before it can be sold in the US
  117. 117. 117 Case Law Created by a judge’s previous ruling
  118. 118. 118 Case Law When a judge decides a case, other judges will usually decide their cases similarly when presented with a similar case.
  119. 119. 119 Case Law Precedent = “stare decisis”
  120. 120. 120 Case Law Precedent = “stare decisis” stare decisis: let the decision stand
  121. 121. 121 Case Law For example, the US Supreme Court decided that it is illegal for a school to suspend a student for wearing a black arm band to protest the government’s action in a war… (the 1969 Tinker case)
  122. 122. 122 The Supreme Court ruled that schools can only regulate student dress if that dress would “materially and substantially disrupt the work and discipline of the school.” (the 1969 Tinker case)
  123. 123. 123 Do you think it is legal for a school to suspend a student for having long hair?
  124. 124. 124 Does having long hair “materially and substantially disrupt the work and discipline of the school” ?
  125. 125. 125 Case Law A judge with a case about a student being suspended for having long hair might carefully read the Tinker case and apply the legal reasoning used in it to decide his case. http://www.care2.com/causes/louisiana-student-suspended-for-having-long-hair.html http://www.mlive.com/news/flint/index.ssf/2012/01/burton_charter_school_student.html
  126. 126. 126 Ohio, 2012 http://www.huffingtonpost.com/2012/10/24/student-punished-for-growing-hair-for- charity_n_2010040.html
  127. 127. 127 Louisiana, 2011 http://www.care2.com/causes/louisiana-student-suspended-for-having-long-hair.html
  128. 128. 128 Michigan, 2012 http://www.mlive.com/news/flint/index.ssf/2012/01/burton_charter_school_student.html
  129. 129. 129 Case Law When a judge decides a case, other judges will usually decide their cases similarly when presented with a similar case. stare decisis: let the decision stand
  130. 130. 130 Case Law In 1976 the California Supreme Court decided that unmarried people who live together may enter into cohabitation agreements (Marvin v. Marvin, the “palimony” case)
  131. 131. 131 Case Law Now, if someone argues that an unmarried couple in California cannot enter into cohabitation agreements, a judge will cite Marvin v Marvin and say “stare decisis”.
  132. 132. 132 Case Law Now, if someone argues that an unmarried couple in California cannot enter into cohabitation agreements, a judge will cite Marvin v Marvin and say “stare decisis”.
  133. 133. 4 Types of Laws in the US 1. US Constitution 2. Statutory Law – Laws made by lawmakers 3. Regulatory Law – Laws made by govt. agencies 4. Case Law – Precedents from other judges 133
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