Introduction to US business law III

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Presentation transcript:

Introduction to US business law III FS 2015 Prof. Dr. Andreas Kellerhals

Last week Great Presidents (Washington, Lincoln) Sources of law (Pierson v. Psot) Articles of Confederation Founding fathers (Jefferson, Madison, Franklin) US Consitution – We the people Amendments Art. 1 – 7 US Constitution

Federalism Limiting governmental power by fragmenting it Enoumerated powers Art. 1 Section 8, 9 and 10 USC State vs. Federal government Balance of powers

Separation of powers Separation of powers and checks and balances Limiting the authority of each branch of Federal government to act without the concurrence of the others 3 branches Congress President Supreme Court

Checks and balances

Checks and balances

Checks and balances

Congressional powers Art. 1, Section 8 USC 18 clauses Commerce clause (clause 3) Wide (impact on interstate trade) „Dormant commerce clause“ (discrimination) Necessary and proper clause (clause 18) wide Supremacy Clause (Art. VI, Section 2) Art. VI, Section 2 USC

Powers of the President Art. II USC Commander in Chief Treaty, Judges (Senate) State of the Union Etc.

Third branch Art. III USC US Supreme Court and inferior courts 12 Courts of Appeal District Courts Jurisdiction

How Supreme Court became supreme (1) Marbury v. Madison (1803) Facts: Marbury got appointed by the outgoing Secretary of State John Marshall as justice of peace in DC Republicans v. Federalists The new secretary of State James Madison did not deliver the already signed and sealed document, based on a statutory act Marbury applied directly to the Supreme Court as provided by the Judiciary Act of 1789 Chief Justice was John Marshall (!) - Bad luck!

Other cases U.S. v. Nixon (1974) Criminal trial against Nixon aides Tapes of White House conversations Nixon: separation of powers Court: no, Marbury v. Madison No general immunity for Presidents Court can decide what is needed Balancing White House confidentiality v. evidence in a pending criminal trial

US Court System/Jurisdiction today US Court System/Jurisdiction

Federal Courts – State Courts Why? Who does what? Advantages/Disadvantages What is a Judge doing? How to become a Judge?

Justices of the US Supreme Courts

The Justices! http://www.youtube.com/watch?v=wUfl9-cwJt4 12. Mai 2018

Obama care http://abcnews.go.com/WNT/video/supreme-court-justices-feelings-obamacare-16007065 12. Mai 2018

Antonin Scalia – living constitution? http://video.answers.com/justice-antonin-scalia-the-us-constitution-is-dead-516896938 https://thecitywidementalhealthproject.wordpress.com/2013/06/25/supremes-gut-voting-rights-act-confirms-scalias-the-constitution-is-dead-statement/ 12. Mai 2018

Federal Courts

Courts with original jurisdiction over specific subject matter US bankruptcy courts US tax courts US court of private land claims US court of international trade US court of federal claims US foreign intelligence surveillance court US alien terrorist removal court

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