Chapter 1: Ethics and Law

Four Sources of Law 1. Constitutional Law 2. Statutory Law 3. Case Law 4. Administrative Law * English Common Law

Constitutional Law Constitution – spells out the principles by which that country’s government operates. Most fundamental law in the United States? The U.S. Constitution Preamble, Articles (7), Amendments (27)

The U.S. Constitution Broad, basic foundation for the laws of the country. Sets forth the fundamental rights of citizens. Defines the limits within which the federal and state governments may pass laws. Describes the functions of the various branches and divisions of our national government.

Articles I, II, III, and IV Set forth the structure and powers of the 3 branches of the federal government. I. The Legislative Branch (Congress, House of Representatives, Senate) II. The Executive Branch (President and Vice President) III. The Judicial Branch (Federal Courts) Article IV: Relations among States - Requires each state to give “full faith and credit” to the laws of all other states.

Article V, VI, and VII Article V: The Amending Process Tells how the Constitution may be amended or changed Article VI: National Supremacy Supremacy Clause – establishes the U.S. Constitution, federal statutes, and U.S. treaties as the “Supreme Law of the Land.” Article VII: Ratification of the Constitution Provides the ratification (approval) of Constitution

The Bill of Rights First 10 Amendments of the U.S. Constitution ratified in st – Religious and Political Freedom 2 nd – Right to Bear Arms 3 rd – Quartering Troops 4 th – Searches and Seizures 5 th – Rights of Accused Persons

The Bill of Rights 6 th – Right to Speedy, Fair Trial 7 th – Right to Jury Trial 8 th – Bail and Punishment 9 th – Rights not Enumerated 10 th – Powers Reserved to the States

State Constitutions Each state has its own constitution. Not identical, but similar to federal Constitution State Constitutions are often more: Protective Narrower Restrictive

Four Sources of Law 1. Constitutional Law 2. Statutory Law 3. Case Law 4. Administrative Law * English Common Law

Statutory Law Statutes – are laws specifically passed by a governing body created for that purpose. Laws passed by U.S. Congress State legislatures Local city councils Town meetings

Sources of Statutory Law Statutory law is found in the following areas: Federal and state statutes City ordinances Town bylaws Differences in the terms above tell us at which level of government a law was passed.

State Statutes Each state has its own legislature, or body of lawmakers, which has the job of creating and passing statutory law. Most state legislatures are set up just like Congress Senate and House of Representatives

Pennsylvania’s Legislature Highest: General Assembly PA Senate PA House of Representatives County Commissioners City Council, Borough Council, Township Supervisor

US Legislature United States Congress US House of Representatives US Senate 435 voting members in House of Representatives, 100 members in the Senate, and 5 delegates (non voting members)

Statutes Statutes have the capability of the following: 1. May order people to do something Pay taxes, wear seat belts, stay in school until 18 years old. 2. May forbid people from performing certain acts. Drinking age is 21, curfew; “Cinderella License” Warning: A statute passed by the state legislature must not conflict with the U.S. Constitution. State statute that conflicts may be declared unconstitutional

Federal Statutes Federal statutes are laws passed by the U.S. Congress and signed by the president. Statutes passed by U.S. Congress generally concern the nation as a whole. Must be in line with U.S. Constitution

Federal Statutes Based on the powers given to the federal government (Article I of the U.S. Constitution) which includes: Power to spend tax Regulate commerce Declare war Borrow money Set up federal courts

Four Sources of Law 1. Constitutional Law 2. Statutory Law 3. Case Law 4. Administrative Law * English Common Law

Case Law Court decisions, court-made law, case law, and judge-made law Courts make law through the common law tradition, by interpreting statutes, and by judicial review.

Case Law Decisions made by highest court of any state become the law of that state. Must be followed by other courts in that state thereafter. Precedent will continue to rule, but it is possible for highest court to change a line of precedent (altered by statute)

Precedent/Stare Decisis Doctrine of Precedent – a judge is required to follow an earlier court decision when deciding a case with similar circumstances. Doctrine of Stare Decisis means… “let the decision stand”

Case Law Second type of judicial decision making involves interpreting statutes. ‘What does the statute mean?’ It is possible for a statute to be: Confusing Incomplete Unclear Job of interpreting statutes falls to the courts.

Case Law Courts have the ability decide whether laws and other government activities are in line with the Constitution. If a law or any action by a government institution violates the Constitution, a court can declare that a law or action is unconstitutional. If declared unconstitutional, the law is no longer valid. U.S. Supreme Court is final authority regarding the constitutionality of all laws and government actions.

Four Sources of Law 1. Constitutional Law 2. Statutory Law 3. Case Law 4. Administrative Law * English Common Law

Administrative Law Federal, state, and local legislatures may find it necessary to regulate certain kinds of activities in the public interest. Legislators may not have expert knowledge in a particular field or have time to focus on one activity. Legislatures often give the power to regulate a particular kind of activity to an administrative agency.

Administrative Law Who creates these agencies? Federal Constitution U.S. Congress State Legislatures Local lawmaking bodies beyond the expertise of legislators

Administrative Law Administrative agency or regulatory agency is a department of government formed to administer particular legislation. Administrative agencies have a wide range of powers: Make their own rules Enforce their rules Investigate violations of their rules Decide guilt or innocence of those who violate the rules.

Administrative Law Administrative Law – consists of those rules and procedures established by regulatory agencies. Courts have ruled agencies to be constitutional There are checks and balances of their power Legislature who created agency has power to do two items: End that agency’s existence Change that agency’s powers Any final decision by an agency can always be reviewed by a court.

Administrative Law Federal Administrative Agencies Project Project Instructions/rubric Agency drawing Begin project!