1. Introduction to the Law BAA 604
Jody Blanke
Distinguished Professor of
Computer Science and Law
Mercer University, Atlanta

2. Sources of Law
Constitutional Law

3. Constitutional Law Federal (U.S.) Constitution With a “capital C”
Provides framework for government
Article I – Legislative Branch
Article II – Executive Branch
Article III – Judiciary Branch
Provides for individual rights
Bill of Rights (first 10 amendments)

4. Constitutional Law
Article I – Legislative Branch

5. Constitutional Law
Article II – Executive Branch

6. Constitutional Law Article III – Judiciary Branch
Marbury v. Madison (1803)

7. Constitutional Law
Bill of Rights
Ratified 2 years after Constitution

8. Constitutional Law State Constitutions
Provide framework for government
49 0f 50 states have bicameral legislature
Vary greatly in length
8,419 words (Vt.) to 184,053 (La.) [6,400 (U.S.)]
Can they address rights found in U.S. Constitution?
Freedom of press
Right of privacy
penumbras

9. Sources of Law
Constitutional Law
Statutory Law

10. Statutory Law Congress Authorized by Constitution
Senate and House of Representatives
Authorized by Constitution
Enumerated Powers Clause - Art. 1 Sec. 8
Authorizes Congress
to collect taxes
to coin money
to establish a postal system
to raise and support Armies
to provide and maintain a Navy
to regulate interstate commerce
to protect the writings of authors and the discoveries of inventors

11. Statutory Law State Legislatures Mostly bicameral
All but Nebraska
Codification of common law

12. Sources of Law
Constitutional Law
Statutory Law
Case Law

13. Case Law Federal Courts State Courts Supreme Court
Circuit Courts of Appeal
11 geographic, plus D.C. and Federal circuits
District Courts
94, at least 1 in each state
State Courts
50 different systems

14. Sources of Law Constitutional Law Statutory Law Case Law
Administrative Law

15. Administrative Law Federal Agencies Authority from Constitution
Enabled by Congress
Provide needed personpower and expertise
Legislative, executive and judiciary power
“Fourth Branch” – “We the People”?
[How Do We Get Judges?
Federal – all appointed by President and confirmed by Senate
State – 87% elected by we the people
Is that a good idea?
Ex. Georgia – non-partisan elections
Ex. New York – partisan election
Ex. Missouri – hybrid “Missouri Plan”]

16. Administrative Law
State Agencies
Similar to federal

17. Sources of Law Constitutional Law Statutory Law Case Law
Administrative Law
Other

18. Other
Proclamations
Orders
Treaties

19. The Law Evolves Laws must change as society changes
Ex. Plessy v. Ferguson (1897)
“Civil War” Amendments
14th Amendment
Brown v. Board of Education (1954)

20. The Law Evolves Physician Assisted Suicide Right to refuse treatment
Karen Anne Quinlan
Living wills
Dr. Kevorkian
Oregon’s Death with Dignity Act (1994)
Washington v. Glucksberg and Quill v. Vacco (1997)
S. Court referred to Oregon and the “laboratory of the states”
Washington (2009), Vermont (2013), California (2015) Colorado (2016), D.C. (2016), Hawaii (2018)
Montana

21. The Law (Usually) Makes Sense
McDonald’s and the Hot Cup of Coffee