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

2. 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

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

4. 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

5. Checks and balances

6. Checks and balances

7. Checks and balances

8. 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

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

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

11. 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!

12. 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

13. US Court System/Jurisdiction
today
US Court System/Jurisdiction

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

15. Justices of the US Supreme Courts

16. The Justices!
12. Mai 2018

17. Obama care
12. Mai 2018

18. Antonin Scalia – living constitution?
12. Mai 2018

19. Federal Courts

20. 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