1 ARE 306 Unit 2 Sources of Law l Constitutional government Highest source of law Federal government North Carolina government Relationship between federal and state government

2 Federalism l Source of federal power Constitution Ceded by states upon ratification States did not cede all power (sovereignty) Principle of dual sovereigns (States are not units of the federal government)

3 Federalism l Federal government one of limited powers Limited to those granted in the Constitution l State power limited only by: Respective state constitutions Explicit or implicit limits in the federal Constitution

4 Federalism l Supremacy clause (Article VI) concurrent authority preemption

5 Provisions of the Constitution l Commerce clause authority for much federal law l Spending power l Others Admiralty power Bankruptcy clause Patents and copyright clause

6 Constitutional limitations on federal & state powers l Contract Limitation on the ability of states to impair contracts l 5th Amendment takings clause (applied to states through 14th) l 4th Amendment (applied to states through 14th) prohibition against unreasonable searches and seizures l 5th and 14th Amendment due process clauses l Equal protection clause (14th Amendment)

7 Treaty making power l Art. II, sec. 2 President makes treaty Advice & consent of Senate (2/3 vote) l Absent consent of Congress, states may not: make treaties agreements with other states (interstate compacts)

8 Legislative power l Federal vested in Congress subject to Presidential veto l State vested in General Assembly subject to limited veto by Governor

9 Judicial power l Federal vested in U.S. Supreme Court & inferior courts l State vested in NC Supreme Court & inferior courts

10 Judicial power l “common law” vs “civil code” systems l stare decisis l precedent

11 Executive power l President power to make treaties and issue executive orders l Governor power to issue executive orders

12 Administrative agencies l Definition Created by Congress (or the General Assembly) to carry out specific duties.

13 Duties of administrative agencies l Rule making (legislative) l Adjudication of individual cases (judicial) l Administrative activities (executive)

14 County and municipal governments, health boards, special districts l ordinances l rules