Judicial Politics Mid Term

Common Law and Civil Law Traditions (PowerPoint)

Legal Tradition: - A set of deeply rooted, historically conditioned, attitude about the nature of law, about role of law, and and about proper organization of a legal system and about the way the law should be applied, perfected, and studied

Constitutionalism (Power Point)

Liberal Constitutionalism -System of Protected Freedom for the Individual -Giovanni Sartori: Constitution as a fundamental law, and as a correlative institutional arrangement, would restrict arbitrary power and ensure a limited government -Liberal Constitutional commitment to individual rights does not need to be embodied in a certain text Liberal Constitutions protect 2 types of rights 1.) Natural Rights - Existing apart from the Constitution, Locke 2.) Positive Rights - Exist because of the constitution or laws passed pursuant thereto

Constitutionalism (Power Point)

McCulloch v. Maryland (1819) -James McCulloch, employee of the Bank of United States, refused to pay a state tax on all bank notes issued by banks not incorporated by the Maryland legislature. 1.) McCulloch claimed that Maryland had no power to tax an institution incorporated by Congress. ?Does Maryland have the power to tax a national bank? ?Does the U.S. Constitution authorize Congress to incorporate a national bank? -Constitutional Interpretation Article VI -Supremacy Clause- for the tax issue Articel 1 section 8 - Neccessary and Proper Clasue - for the congress incorporating national bank issue 1.) Universal Norms A. Endurance B. Power to tax is power to destroy 2.) Distinctive Norm National supremacy - popular ratification

Constitutionalism (Power Point)

Modern Constitutionalism Hierarchy of Authority - Fundamental Law -any exercise of authority byond those limits by any government is an exercise of power without right Constitutions have higher law status from three possible sources... 1.) Middle Ages - fundamental law rooted in divine law - God's Will on earth preserved by Kings 2.) 17th Century England - customary practice of unwritten constitution 3.) 18th Century - expression of popular sovereignty Constitution is higher law because it is through popular ratification through state conventions and because the amendment process is through the super majoritarian votes Rule of laws are universially regareded 8 standards for regimes that follow and respect rule of law 1.) General Application 2.)Public 3.)Not retroactive 4.)Clear 5.)Consistent 6.)Not impossible 7.)Stable 8.)Executive implements law of legislature

Constitutional Purpose (PowerPoint)

Rule of Law A.) Legal certainty and stability B.) Provides for coordination - financial C. Provides for credible commitments- domestic enforcement and foreign policy Prevents Self Dealing - A.)Iron Law of Oligarchy - elites differ from people B.)Reelection is majoritarian C.) Entrenched fundamental laws prevent incumbents from unfairly restructuring electoral arrangements D.) Fixed rules such as Twenty-Seventh Amendment prevents elected officials from having a salary increase until an intervening election. E.) Constitutional rules can limit popular majorities. -There is no way more practical of guaranteeing arbitrary laws than to make all laws against a minority, apply to everyone in general

Common Law and Civil Law Traditions (PowerPoint)

Sources of Civil Law Tradition -Secular Natural Law yielded to state positivism and absolute sovereignty on Continent: 1.) Legislation is superior - Codification, statutes are only source of law from which regulations arose, modified to allow for constitutions and customs. 2. German Civil Code of 1896 - Friedrich Karl von Savigny (1779-1861) - "historical school

Common Law and Civil Law Traditions (PowerPoint)

Sources of Common Law Tradition 1.) Judicial Decisions and custom are superior sources of law, also constitutions, statutes, and regulations 2.) Judicial Precedent - Doctrine of Stare Decisis or Let the Decision Stand

Common Law and Civil Law Traditions (PowerPoint)

What is Common Law according to Sir Edward Coke (1552 -1634) -Reason is the life of the law, if not reason is the common law itself -Common law is the articial perfection of reason, which was crafted through long study of time and observation and experience -Not of every mans natural reason but of by the legal reason of est summa ratio or the law is the perfection of reason

Federal Judiciary (Judicial Process/Carp Chapter 2)

!! *The Federal System* !! - One of the most important, most interesting, and most confusing features of the judiciary in the United States is the dual court system— that is, each level of government (state and national) has its own set of courts. !! *The Historical Context* !! - Prior to the ratification the judicial system and all function was under a single chamber legislature called congress !!*The Constitutional Convention and Article III* !! -Then came the virginia plan which would have had a supreme and inferieror federal couts -Then the newjjersey plan which had a singular supreme judicialy tribunal - Then the current system !! *The Judiciary Act of 1789* !! - The law that emerged from the debate, the Judiciary Act of 1789, set up a judicial system comprising a Supreme Court, consisting of a chief justice and five associate justices; three circuit courts, each with two justices of the Supreme Court and a district judge; and thirteen district courts, each presided over by one district judge. The power to create inferior federal courts, then, was immediately exercised. Congress created not one but two sets of lower courts. !! *The US Supreme Court* !! - Thus the Supreme Court must interpret federal legislation. Another of the founders' intentions was for the federal government to act directly on individual citizens as well as on the states. !! *The Impact of Justice Marshall* !! - John Marshall served as chief justice from 1801 to 1835 and he was not the first chief justice, but he dominated the court - Before his tenure, the justices ordinarily wrote separate opinions (called seriatim opinions) in major cases. Under Marshall's stewardship, the Court adopted the practice of handing down a single opinion, and the evidence shows that from 1801 to 1835 Marshall himself wrote almost half the opinions. -He was the marbury v madison judicial review case - He declared Section 13 of the Judiciary Act of 1789 unconstitutional because it granted original jurisdiction to the Supreme Court in excess of that specified in Article III of the Constitution. Thus the Court's power to review and determine the constitutionality of acts of Congress was established. This decision is rightly seen as one of the single most important decisions the Supreme Court has ever handed down. A few years later the Court also claimed the right of judicial review of actions of state legislatures. During Marshall's tenure it overturned more than a dozen state laws on constitutional grounds. !! *The Supreme Court as Policymaker* !! -The Supreme Court's role as a policy maker is derived from the fact that it intepres the law -Plessy contended that the law was unconstitutional. The U.S. Supreme Court, in Plessy v. Ferguson (1896), upheld the Louisiana statute. 13 Thus the Court established the separate-but-equal policy that was to be in effect for about sixty years. During this period many states required that the races sit in different areas of buses, trains, terminals, and theaters; use different restrooms; and drink from different water fountains. Blacks were sometimes excluded from restaurants and public libraries. Perhaps most important, black students often had to attend inferior schools set aside for a black-only constituency. This body of laws and extralegal practices was unofficially referred to as Jim Crow, after the title of an anonymous -Brown v. Board of Education case of 1954.14 Parents of black schoolchildren claimed that state laws requiring or permitting segregation deprived them of equal protection of the laws under the Fourteenth Amendment. The Supreme Court ruled that separate educational facilities are inherently unequal and, therefore, segregation constitutes a denial of equal protection. In the Brown decision the Court overturned the separate-but-equal doctrine and established a policy of desegregated public schools. -The court differs from the legistlature in the executive because it is not a self starter, therefore they must wait for policy to be brought to them !! *The Supreme Court as Final Arbiter* !! - The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that a court has the power to hear a case for the first time. Appellate jurisdiction means that a higher court has the authority to review cases originally decided by a lower court. - Since 1925 a device known as certiorari has allowed the high court to exercise discretion in deciding which cases it should review. Under this method a person may request Supreme Court review of a lower court decision; then the justices determine whether the request should be granted. In the October 2012 term the Court granted review to only seventy-seven cases. 16 If review is granted, the Court issues a writ of certiorari, which is an order to the lower court to send up a complete record of the case. When certiorari is denied, the decision of the lower court stands. !! *The Supreme Court at Work* !! -The Supreme Court sesion is from the first monday in october to June or July - Seats are arranged according to seniority, with the chief justice in the center, the senior associate justice on the chief justice's right, the second-ranking associate justice on the left, and continuing alternately in descending order of seniority. - The Court's term is divided into sittings, each lasting approximately two weeks, during which the justices meet in open session and hold internal conferences, and recesses, during which the justices work behind closed doors to consider cases and write opinions. The seventy to ninety cases per term !! *Oral Argument* !! - Generally monday through wenesday 10 Am to noon and then from 1 -3 -the two opposing attorneys present their arguments to the justices. The general practice is to allow thirty minutes for each side, although the Court may decide that additional time is necessary. For example, when the Court heard oral arguments in the same-sex marriage case (Obergefell v. Hodges) on April 28, 2015, it allotted two-and-a-half hours. The Court normally hears four cases in one day. Attorneys presenting oral arguments are frequently interrupted with probing questions from the justices. !! *the Conference* !! -On Fridays preceding the two-week sittings the Court holds conferences; during sittings it holds conferences on Wednesday afternoon and all day Friday. At the Wednesday meeting the justices discuss the cases argued on Monday. At the longer conference on Friday they discuss the cases that were argued on Tuesday and Wednesday, plus any other matters that need to be considered. The most important of these other matters are the certiorari petitions. -A quorum for a decision on a case is six members; obtaining a quorum is seldom difficult. Cases are sometimes decided by fewer than nine justices because of vacancies, illnesses, or nonparticipation resulting from possible conflicts of interest. Supreme Court decisions are made by a majority vote. In the event of a tie, the lower court decision is upheld. !! *Opinion Writing* !! - The chief justice, if voting with the majority, either writes the opinion or assigns it to another justice who voted with the majority. When the chief justice votes with the minority, the most senior justice in the majority makes the assignment. - In most cases a single opinion does obtain majority support, although few rulings are unanimous. Those who disagree with the opinion of the Court are said to dissent. A dissent does not have to be accompanied by a dissenting opinion, but in recent years it usually has been. Whenever more than one justice dissents, each may write an opinion or all may join in a single opinion. - a justice may write what is called a concurring opinion. A classic example is Justice Sandra Day O'Connor's concurring opinion in Lawrence v. Texas (2003). 17 In that case the majority relied on the Due Process Clause of the Fourteenth Amendment to declare a Texas statute banning same-sex sodomy unconstitutional. Justice O'Connor agreed with the majority that the statute should be struck down, but based her conclusion on the Fourteenth Amendment's Equal Protection Clause. - Finally, the Court occasionally issues a per curiam opinion— an unsigned opinion that is usually brief. Such opinions are often used when the Court accepts the case for review but gives it less than full treatment. For example, it may decide the case without benefit of oral argument and issue a per curiam opinion to explain the disposition of the case. !! *The US Courts of Appeals* !! - Originating in the Judiciary Act of 1789 as three circuit courts, the courts making up the intermediate level of the federal judiciary evolved into courts of appeals in 1948. -Originating in the Judiciary Act of 1789 as three circuit courts, the courts making up the intermediate level of the federal judiciary evolved into courts of appeals in 1948. !! *The Review Function of the Court of Appeals* !! - Most of the cases reviewed by the courts of appeals originate in the federal district courts. Litigants disappointed with the lower court decision may appeal the case to the court of appeals of the circuit in which the federal district court is located. The appellate courts have also been given authority to review the decisions of certain administrative agencies. Well over a thousand administrative law judges now perform judicial functions within the executive branch of the federal government. In adjudicating cases, they conduct formal trial-type hearings, make findings of fact and law, apply agency regulations, and issue decisions. 21 - There are two purposes of review in the courts of appeals. The first is error correction. Judges in the various circuits are called on to monitor the performance of federal district courts and federal agencies and to supervise their application and interpretation of national and state laws. In doing so, the courts of appeals do not seek out new factual evidence but instead examine the record of the lower court for errors. In the process of correcting errors, the courts of appeals also settle disputes and enforce national law. The second function is sorting out and developing those few cases worthy of Supreme Court review. The circuit judges tackle the legal issues earlier than the Supreme Court justices do, and may help shape what they consider review-worthy claims. Judicial scholars have found that the second hearing of appealed cases sometimes differs from the first. !! *The Courts of Appeals as Policymakers* !! - A major difference in policymaking by the Supreme Court and by the courts of appeals should be noted. Whereas there is one high court for the entire country, each court of appeals covers only a specific region. Thus the courts of appeals are more likely to make policy on a regional basis. Still, as evidenced by the Hopwood case, they are part of the federal judicial system and "participate in both national and local policy networks, their decisions becoming regional law unless intolerable to the Justices." !! *The Court of Appeals at Work* !! - During the screening stage the judges decide whether to give an appeal a full review or to dispose of it in some other way. The docket may be reduced to some extent by consolidating similar claims into single cases, a process that also results in a uniform decision. - Those cases given the full treatment are normally considered by panels of three judges rather than by all the judges in the circuit. This means that several cases can be heard at the same time by different three-judge panels, often sitting in different cities throughout the circuit. En Banc Proceedings. Occasionally, different three-judge panels within the same circuit may reach conflicting decisions in similar cases. To resolve such conflicts and to promote circuit unanimity, federal statutes provide for an en banc procedure, in which all the circuit's judges sit together on a panel and decide a case. The exception to this general rule occurs in the large Ninth Circuit, where assembling all the judges becomes too cumbersome. There, en banc panels normally consist of eleven judges. The en banc procedure may also be used when the case concerns an issue of extraordinary importance, as in the famous Tinker v. Des Moines - The en banc procedure may be requested by the litigants or the judges - not been settled by the litigants are scheduled for oral argument. Attorneys for each side are given a short amount of time (in some cases no more than ten minutes) to discuss the points made in their written briefs and to answer questions from the judges. -Following the oral argument, the judges may confer briefly and, if they are in agreement, may announce their decision immediately. Otherwise, a decision will be announced only after the judges confer at greater length. Following the conference, some decisions will be announced with a brief order or per curiam opinion of the court. !! *US District Courts* !! - Congress established the district courts as the trial courts of the federal judicial system and gave them original jurisdiction over virtually all cases. They are the only federal courts in which attorneys examine and cross-examine witnesses. -The Constitution guarantees the right to a jury trial in criminal cases in the Sixth Amendment and the same right in civil cases in the Seventh Amendment. The right can be waived, however, in which case the judge becomes the arbiter of questions of fact as well as matters of law. Such trials are referred to as bench trials. Two types of juries are associated with federal district courts. The grand jury is a group of men and women convened to determine whether probable cause exists to believe that a person has committed the federal crime of which he or she has been accused. !! *Norm Enforcment by the District Courts* !! - Some students of the judiciary make a distinction between norm enforcement and policymaking by the courts. 29 Trial courts are viewed as engaging primarily in norm enforcement, whereas appellate courts are seen as having greater opportunity to make policy. -A judge deciding a case concerning an alleged violation of that law is basically practicing norm enforcement. Because cases of this type rarely allow the judge to escape the strict restraints of legal and procedural requirements, he or she has little chance to make new law or develop new policy. !! *Policymaking by the District Courts* !! - when the guidelines are not well established, district judges have a great deal of discretion to set policy. !! *Three Judge District Courts* !! - Such courts are created on an ad hoc basis and must include at least one judge from the federal district court and at least one judge from the court of appeals. Appeals of decisions of three-judge district courts go directly to the Supreme Court. !! *Constitutional Courts, Legislative Courts, and Courts of Specialized Jurisditiction* !! - Congress has exercised its power, based on Article III and Article I of the Constitution, to create other federal courts. Courts established under Article III are known as constitutional courts, -adjudications. To meet these goals, the APA created the position of Administrative Law Judge (ALJ) within the federal government. Originally called hearing examiners, the ALJs are employees of federal agencies who function much like trial judges in the executive branch. -Finally, the constitutional and legislative courts vary in their degree of independence from the other two branches of government. Article III (constitutional court) judges serve during a period of good behavior, or what amounts to life tenure. Because Article I (legislative court) judges have no constitutional guarantee of good-behavior tenure, Congress may set specific terms of office for them. Judges of Article III courts are also constitutionally protected from salary reductions while in office. Those who serve as judges of legislative courts have no such protection. Bankruptcy courts provide a good example. The bankruptcy judges are appointed for fourteen-year terms by the court of appeals for the circuit in which the district is located and have their salaries set by Congress. - A court of specialized jurisdiction that has garnered much attention since September 11, 2001, is the foreign intelligence surveillance court. Created in 1978 by passage of the Foreign Intelligence Surveillance Act, this court had its powers expanded when the USA PATRIOT Act was passed in October 2001.35 !! *Adminstriative and Staff Support in the Federal Judiciary* !! -Federal Courts need a large suppor staff - Some members of the support team, such as law clerks, may work specifically for one judge. Others— for example, U.S. magistrate judges— work for a particular court. Still others may be employees of an agency serving the entire judicial system, such as the Administrative Office of the United States Courts. !! *United States Magistrate Judges* !! - In an effort to help federal district judges deal with increased workloads, Congress passed the Federal Magistrates Act in 1968. -Magistrate judges are formally appointed by the judges of the district court for eight-year terms, although they can be removed for "good cause" before the term expires. - the judges in each district court establish the duties and responsibilities of their magistrate judges. Of most significance, the 1979 legislation permits a magistrate judge, with the consent of the involved parties, to conduct all proceedings in a nonjury civil matter; to enter a judgment in the case; and to conduct a trial of persons accused of misdemeanors (less serious offenses than felonies) committed within the district, provided the defendants consent. !! Law Clerks !! - A law clerk's duties vary according to the preferences of the judge for whom he or she works. They also vary according to the type of court. Law clerks for federal district judges often serve primarily as research assistants, spending a good deal of time examining the various motions filed in civil and criminal cases. !! *Adminsistrative Office of the US Courts* !! - A law clerk's duties vary according to the preferences of the judge for whom he or she works. They also vary according to the type of court. Law clerks for federal district judges often serve primarily as research assistants, spending a good deal of time examining the various motions filed in civil and criminal cases. -The Administrative Office also serves a staff function for the Judicial Conference of the United States, the central administrative policymaking organization of the federal judicial system. In addition to providing statistical information to the conference's many committees, the Administrative Office acts as a reception center and clearinghouse for information and proposals directed to the Judicial Conference. !! *The Federal Judicial Center* !! - The Federal Judicial Center, created in 1967, is the federal courts' agency for continuing education and research. Its duties fall generally into three categories: (1) conducting research on the federal courts, (2) making recommendations to improve the administration and management of the federal courts, and (3) developing educational and training programs for personnel of the judicial branch. *Federal Court Workload* -The key point to remember about the workload of the Supreme Court is that the justices themselves have discretion to decide which cases merit their full attention. As a result, the number of cases argued before the Court may fluctuate from session to session. In the 2012 term seventy-seven cases were argued, and seventy-six were disposed of by full opinion

Judicial Review (Power Point)

*1. Judicial Power* -Article 3 Section 1 - Section 1 - The Judicial Power of the US will be invested in one supreme court and 3 inferior courts that congress will establish from time to time -Judges of both courts hold office during good behavior -They will recieve compensiation for there work at certain times that does not diminish during there time in office *Self Imposed Constraints* -During good behavior -Lifetime Terms -They can not legistlate, no power of the purse or the sword, can only review law and make policy through it *II. Judicial Review* -No Established in Marbury V. Madison *Origins of Judicial Review* - Coke ~Dr. Bonham's Case "It appears in our records, that common law will control acts of parliment, and sometimes will rule them void." -Calvins Case" The law of nature is that which God infused into his heard, for his direction and this moral law, also called law of nature, is to all , and therefore the law to all" Judicial Review is not natural law, but rather common law *Early American Judges and Lawyers* -Natural law is an extralegal standard or norm -Common law is the legal tradition that certain rights can be asserted by individuals through the legal process *USSC Case of Calder v. Bull (1798) -Justice Chase: "There are certain vital principales in free republics, they overule flagrant abuse of power, The genius of the nature of the law is to prohibit those acts" -Coke: A judiciary is unqiuely qualified and postiioned to review acts of parliment for compliance with the common law" *Alexander Hamilton - Fed Paper 78* A.) Separation of Powers -"Least Dangerous Branch of Government" = the Judiciary B.) Limited Constitution - Court is "intermediary between the legislature and the people" *Marbury v. Madison* Section 13 of the Judicial Act of 1789 v. Article 3 Section 2 of the Constitution Writ of Mandamus - Court ordering a lower level government official to do something Original Jurisdiction - When the USSC presides over a case for the first time -- Like first trial is in the USSC -Section 13 of the Judiciary Act of 1789 " The Supreme Court shall have appellate jursidcition from the circuit courts and across the courts of several states, in the cases herein after, and shall issue writs of prohibition to the district courts when proceeding as courts as admirality or maritime jursdiction. They will aslo issue writs of mandamus in cases warranted, to any person holding office in the US" -Article II Section 2 of the US Constitution " The USSC has original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, and those in which a state is a party. In all other cases the USSC has appellate jurisdiction. *Marshall and the Constitution on Marbury* -"The Constitution is either a superior or a paramount law, and is unchangeable by ordinary means and it is on a level with ordinary legislative acts" -"If the former part of the alternative is true, then a legislative act contrary to the consittution is not law, if the latter is true, then written constitutions are absurd attempts by the people to limit power"

England, Scotland, and United States Legal Systems

*English Legal System* 1.) Sir William Blackstone - Published the Commentaries on the Laws of England in 1765-1769 (Read and popular amongst americans) 2.) Justice Felix Frankfuter: " The framers of the Judiciary Artcile gave merley the outlines of what were framilliar to them and to the English system. Judicial power only came into play in matters that were traditional concerns of the courts of Westminster" -Article 1 Section 3 finds that judicial power will be vested in one Supreme Court -Article 1 Section 8 Congress can establish tribunals inferior to the Supreme Court *English Courts in the 18th Century* 1.) Origin in Royal Prerogative 2.) Parliamentary Power to change courts by ordinary Legislation 3.) Multiple Supreme Courts with overlapping jurisdiction Superior Courts of Common Law 1.) Kings Bench 2.) Courts of Common Pleas 3.) Court of Exchequer Lower Courts Courts of Chancery - Equity Ecclesiastical Courts - Family and Probate Law High Courts of Admiralty - Martime cases -House of Lords had quasi appellate jursdiciton to review matters by writ of error, but its forms were legislative and it was not constitutied as judiciail tribunal until the 1830's Privy Council took appeals from the colonies *Was England the Model for Article III* -Treaty Union 1707 Article XIX = British and Scottish parliments dissolved and single, united parliment of Great Brittian created, and Article XIX ensured the status of the Court of Session as the Suprmee Civil Court in Scotland Reasons why it is the model for article 3 1.) Judicial Independence from Legislature - Article XIX maintains that court of session in all time coming one of two supreme courts in Scotland, and that all inferior courts subject 2.) hierarchical and Pyrmaidal Judicial System -Court of session is the Supreme Court of Scotland a.) Power to supervise work of inferior courts b.) Freedom from oversight or supervision c.) power to decide all civil causes in law, equity, or admiralty 3.) Appellate Jurisdiction by Congress is Qualified A.) Court of Session subject "to such Regulations for the better Administration of Justice, as shall be made by the Parliament of Great-Britain." (Article XIX) Parliamentary power to organize and regulate cannot alter or undermine supremacy B.) U.S. Supreme Court's appellate jurisdiction "both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." Article III, § 2 *Supreme v. Inferior* Article III - Unity, Supremacy, and Inferirity -Imposes textual limits on Congress court stripping power by securing supreme court role at top of federal judicial hierarchy -Lower federal courts are subordinates to the Supreme Court and although congrss can deprive the USSC of appellate jurisdiction, it cannot remove its discretionary oversight *What did we take from England and Scotland* -From England we took the substance of laws -From Scotland we took there legal structure of Federal Judiciary in Article 3.

Federal Judiciary (Powerpoint)

*Judiciary Act of 1789 - First Congress - Senate Bill 1* Did five things 1.) Chief Justice and Five Associate Justices with five associate Justices 2.) Created 13 districts 3.) District Court in each district with one District Judge - They had jurisdiction over admiralty and maritime cases and some other minor cases 4.) Districts divided into three circuits, Eastern Middle, and Southern - Principal trial courts with limited appellate jurisdiction 5.) Each Circuit Court presided over by two Supreme Court Justices and One District Judge 6.) Circuit Courts are given "diversity Jurisdicion" with an amount in controversy over 500 dollars. Currently the amount is $75,000. -The circuit courts, which comprised a district judge and (initially) two Supreme Court justices "riding circuit," had original jurisdiction over serious crimes and civil cases of at least $500 involving diversity jurisdiction or the United States as plaintiff in common law and equity. The circuit courts also had appellate jurisdiction over the district courts. The single-judge district courts had jurisdiction primarily over admiralty cases, petty crimes, and suits by the United States for at least $100. Notably, the federal trial courts had not yet received original federal question jurisdiction. 7.) Supreme Courts Appellate Jursdiction a.) Review circuit court decisions in civil cases over $2,000 b.) Section 13 of the Judicariary act of 1789 allowed for a writ of mandamus - interpreted as exapanding original jursidiction under Marbury v. Madison c.) Section 25 authorized court to review state supreme court decisions that invalidate federal statutes or treaties or that declared state statues constitutional in face of a claim to the contrary in 1789 - there were 13 Districts, 3 circuits, and 11 states *Anti-Federalists - Jeffersonian Democrats - Republicans* -What did the Anti-Feds want? 1.) Guarantee Civil and Criminal Trial Juries 2.) Restrict Feeral Appellate Jursidiction to questions of law 3.) Eliminate or curtail congressional authority to establish the lower federal courts 4.) Eliminate the authorisation for federal diversity jurisdiciton Anti-Federalists: 1.) Limited federal trial court jurisdiction to admiralty, diversity, and U.S. plaintiff cases, and to federal criminal cases. 2.) No federal question jurisdiction to federal courts unless a diversity case; however, there some special grants to federal courts: admiralty jurisdiction and treaty rights cases; also, federal judges authorized to issue writs of habeas corpus for federal detentions; in 1790, certain patent cases 3.) § § 9 and 12 protected the right to civil and criminal juries in district and circuit courts (Sixth and Seventh Amendments) 4.) § § 22 and 25 protected jury verdicts from appellate review Federalists: 1.) They obtained diversity jurisdiction. Debtor interests in state legislatures make it difficult for state judges to enforce unpopular contracts or foster stable legal conditions for commercial growth. 2. Federalists established federal trial judiciary, but Act not designed to be free of state influence in politics and culture. District and circuit boundaries do not cross state lines, and required district judges to reside in their districts *Circuit Court Riding* -Each US Supreme Court Justice assigned to one of the geographical circuits and traveled to designated meeting places within that circuit *Judges Object to Circuit Riding* -Judiciary Act of 1789 - prohibited district judges from voting as circuit judges in appeals from their district court decisions -1792 - Justices of Supreme Court appeal to President Washington to persuade Congress to lessen burden. In addition to arduous travel, by serving on circuit courts, they frequently were called upon to review in Supreme Court cases they had decided in lower court. -Judiciary Act of 1793- reduce the number of justices required to serve on circuit court from two to one *Judiciary Act of 1801* 1.) Federalists congress increase circuit courts from 3 to 6 and create 16 judges, thereby reliving Supreme Court Justices from Circuit Riding 2.) Federal Courts Jurisdiction - all cases arising under the Constitutions and Federal law, Federal Question Jurisdiction - the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. *Repeal of Judiciary Act of 1801* 1.) Democratic Congress repealed the Judiciary Act of 1801 and left the 6 district circuit courts, and then abolished the 16 judges, and returned to circuit riding 2.) Repealed Federal Courts Federal Question Jursidiction until 1875 -in 1802 there were 16 states, 6 circuits, and 20 Districts -1807 created the 7th circuit in Ohio, Tennese, and Kentucky and expanded supreme court to 7 judges -1807 7 Circuits, 17 States, 7 USSC justices, and 21 Districts -1866 there were 54 Districts, 9 Circuits, and then 36 States *Judiciary Act of 1875* -Established general federal question Jurisdiction in the Federal Trial Courts for cases 500 or more -Adopted the same day as the Civil Rights Act of 1875 national obligation to confer and guarantee first-class citizenship to slaves Established two things 1. Established the federal courts' preeminent role as protectors of constitutional and statutory rights and liberties 2. Established federal courts as interpreters of the growing mass of federal statutes and administrative regulations -Shifted orginal jursidiction from the circuit courts to the district courts and broadended appellate circuit courts jursdiction -Dwindling federal appellate capacity - decisions of circuit courts final in almost all criminal cases and in all civil cases involving less than $5,000. -in the 1870's single district court judges handled 2/3 of the circuit court caseload. House of Representatives - (South and West) wanted federal courts restrict jurisdiction as they were too sympathic to commercial interests, frustrate state legislative efforts to help farmers and workers vs. Senate - (East) - broaden federal courts' capacity, because prejudice of state courts against corporations, and allowing granger laws in West increased sectional bitterness and local indifference *Judiciary Act of 1891* 1.) Congress created new tier of courts known as the U.S. circuit courts of appeals (later U.S. courts of appeals -1948). One appellate court in each of the nine circuits. 2.) Each court of appeal had two circuit judges and a district judge. 3.) Shifted caseload burden from Supreme Court to new courts of appeals - made the federal district courts the primary trial courts 4.) Supreme Court - right of review from district courts in some categories of cases, such as capital crimes, construction of U. Constitution, or cases in which a federal law or treaty, or a state constitution or law, was alleged to violate the U.S. Constitution; and from circuit court of appeals in others 5.) All other district court cases---criminal, diversity, admiralty, and revenue and patent caes—to the courts of appeals for final disposition 6.) Appellate court could certify questions to the Supreme Court, or the Supreme Court could grant review by certiorari 7.) Old circuit courts continued, but appellate jurisdiction abolished, and until the courts themselves were abolished in Judicial Code of 1911, the nation had two separate federal trial courts. 8.) Act did not abolish justices' circuit riding, but made it optional. 9.) The three-tier structure of the judiciary of the U.S. District Courts, the U.S. Courts of Appeals, and the Supreme Court has remained in place since 1912. -in 1891 There were 67 Districts, 9 Circuits, 44 States, and 9 Justices

Judicial Review (Obrian Chapter 1)

*Marbury v. Madison: Act One the Setting* -The constiution has a system of checks and balances -Although the constitution does not say anything about judicial review and Justice Marshall was the first to use the term, he was not the originator -From 1775-1780 the Berkshire farm people would not let the court sit with a bill of rights -25 years before Marbury, a writen constitution would govern and protect civil rights, the Berkshire people demanded that there not be entrenchment and a way to review so they made the bill of rights and judicial review was first used -Also has its roots in the Magna Carta of England -Also Cokes quote from Power Point -The setting was important because it led John Adams to appoint more judges *Marbury v. Madison Second Act* -this court has no power under the Constitution to entertain any original action except those specified in Article III, and hence section 13 of the Judiciary Act of 178923 purporting to give the Supreme Court such authority is invalid and, sadly, this action to compel the Executive to do its duty cannot be entertained here as an original action."-Another interesting footnote to Mr. Marbury's case is that after 10,000 words, more or less, Marshall held that the court had no jurisdiction on the case since the statute purporting to create jurisdiction was void. So we have, perhaps, the most important single opinion of the court in nearly 200 years pronounced in the context of a holding that the court had no jurisdiction at all!

Article I - Legislative Courts and Administrative Law Judges

*Non-Article III or Legislative Courts* They are 1.) Specalized Stand Alone Courts 2.) Adminstrative Agencies 3.) They have magistrate judges who server under Article 3 Judges *Characteristics of Article I -legislative Courts Judges* -Judges do not have life tenure and are term limited -No Constitutional Salary Protection -Need to be appointed by the President with Senate Confirmation *There are two categories of Courts* 1.) Legislative Courts or Article 1 Courts -Stand alone courts created under Congress Article 1 power with similar authority as Article III courts, they are the US tax court, court of federal claims,the Court of Appeals for the Armed Forces, and federal district courts in Guam, Virgin Islands, and Northern Mariana Islands. 2.) Adjuncts to Article 3 Courts - Federal administrative agencies and Magistrate Judges *Why did we Create Legislative Courts?* To... 1.) Preserve Unqique status of Article 3 Courts 2.) Most Article 3 Courts are generalist in nature, they are not specialized non-article 3 tribunals which focus on particular areas of the law like article 1 courts 3.) Legislative courts within executive branch for efficency and cost saving - A non-article 3 tribunal residing in an adminstrative agency can "furnish a prompt, continuous, expert method for dealing with questions of fact which are pecuilarly suited to examine and determined by an adminstrative agency specifically assigned to that task" - Justice Huges in Crowell v. Benson 4.) To avoid constituional restrictions imposed upon Article III courts, -An example is the Court of Claims as an Article 1 tribunal so the court could hear congressional reference cases or cases that involve a procedure that allows either house of Congress to refer a matter to the Chief Judge of the U.S. Court of Federal Claims with directions that the CFC report back its findings to the referring house *What is the Constitutional Basis for Legislative Courts?* 1.) Congress can create and vest in them the authority to hear matters that would otherwise fall within the head of article 3 jursidiction -IE Cases arising under federal law 2.) Early on Congress placed adjudicating authority in the various non artile 3 forums that could have been vested in article 3 courts IE military pensions and federal law customs, and admirarlity law. 3.) Exception to Article 3 requriemtns of tenure and salary potection, congress excersices articel 1 authority, the need for life tenured judges with salary protection must give way to acoomate plenary grants of power to congress to legsislate with respect to speaclized area having partiularized needs and warrant disticntive treatment - palmore v. US 4.) Northern Pipeline Construction Co. v. Marathon Pipe Line Co. (1982) - whether creation of the bankruptcy courts as legislative courts was consistent with Article III strictures, Justice Brennan noted that there were three instances in which Congress has created legislative courts: territorial courts, military courts, and courts that adjudicate public rights. *Constitutionality of non-article 3 courts* 1.) Legislative courts A.) Terrirorial courts -article IV section 3 clause 2 - congress has the power to make all needful rules and regulations respecting the terriroty or other property beloning to the US" -Article I, §8, cl. 17 - Congress authority to "exercise exclusive Legislation in all Cases whatsoever" over the District of Columbia. B.) Military Courts -Article I, §8, cl. 14 - Congress authority "to make Rules for the Government and Regulation of the land and naval forces." C.) Cases involving public rights - Article I, §8, cl. 14 - Congress authority "to make Rules for the Government and Regulation of the land and naval forces." II.) Adjuncts to Federal Courts -Adjunct is an adjudicator - most often administrative agency or a magistrate judge - that does not function as independent court, but acts as subordiante to the federal courts. *FISA Court - Article III Court* -United States v. Cavanagh (9th circuit) - Criminal defendant challendged whether the foreign intelligence surveillance court was established in violation of the Constitution -Congress created the FISA court constitutionally with 1.)Judges lifetime tenure and salary protection; and 2.) Court adjudicate matters in a "case-or-controversy" - This clause, in addition to setting out the scope of the jurisdiction of the federal judiciary, prohibits courts from issuing advisory opinions, or from hearing cases that are either unripe, meaning that the controversy has not arisen yet, or moot, meaning that the controversy has already been resolved. FISA courts are federal district judges temporarily designated to court for nonrenewable staggered terms of up to 7 years -It is an article 3 court regarless of the non life tenure -The reason for the lack of life tenure is historic practice of allowing a Supreme Court justice to preside as circuit judge for extended periods of time without receiving a separate commission to serve as a circuit judge *Administrative Law Judges* -The administrative procedure act of APA enacted in 1946 ensured fairness and due process in executive agency actions or proceedings involving rulemaking and adjudications. -APA created Adminsrative law judges -- ALJ's *Duties of the ALJ's* 1.) Duty to preside over taking of evidence at agency hearings and act as the finder of facts in the proceedings. 2.) Duty to act as a decision maker by making or recommending an initial determination about the resolution of the dispute. *Judicial Independence* -Office of Personnel Managment (OPM) regulation emphasizes that employing agencies of ALJ's have the responsibility to ensure the independence of the administrative law judge *ALJ's four categories of cases* 1.) Enforcement cases - claims that federal agencies bring against individuals and companies to enforce federal law 2) Entitlement cases - adjudication of individual's claim that he or she is eligible to receive certain federal benefits 3.) Regulatory cases - decisions about rates, licenses, or other requirements govern industries 4.) Contract cases - claims against the government for contractual breaches *Non-ALJ's or Hearing Officers* -Non-ALJs appointed by the agencies that employ them rather than neutral party, terms and conditions of employment controlled by agency. - hearing officer is also known as an administrative law judge. These officers work within the government to decide cases through different agencies. ... The officer is government appointed to preside over agency investigations and hearings so that the agencies can exercise their powers through the court system

State Judicial Systems

*The tier system used to look like...(Colonial Period)* On top going downward: Governor and his Council ^ | County Courts - General Trial Courts ^ | Local Judges - Justices of the Peace of Magistrates - Appointed by Colony's royal governor *Early State Courts* On top going down Higest Court of Appeals ^ | Intermediate Courts of Appeals ^ | Local Courts of Original Jurisdiction: civil, equity, criminal, probate ^ | Minor Judiciary - Magistrate or Justice of the Peace *modern state courts* -Fragmentation to Unification -Roscoe Pound of Dean of Harvard Law - "The causes of popular dissatisfaction with the adminstrative of justice *California v. New york* California is simplified Supreme Court (Court of last resort) ^ | Courts of Appeal - (Intermediate appellate Court) ^ | Superior Court (General Jurisdiction Court) New York -Complex Court of Appeals (Court of Last Resort) ^ | Appellate courts -intermediate appellate courts 1.) Appellate Divisons of the Suprmee Court 2.) Appellate Terms of Supreme Courts ^ | Trial Courts (10 of them) -8 limited jursidiction courts -2 general jursidcition courts: Supreme Court and County Court *Four Levels of the Courts) 1.) Trial Courts of Limited Jursdiciton - 85% of courts A. Minor cases: Criminal 1. Infractions and misdemeanors 2. Limited fines: < $1,000 3. Limited jail sentences : < one year Minor cases: Civil 1. Disputes < $3,000 B. Subject Matter: traffic violations, domestic relations, juveniles C. May not be courts of records - appealed to court of general jurisdiction for a trial de novo (new trial) II.) Trial Courts of General Jurisdiction A. Serious cases - criminal (felonies) and civil B. Subject matter - juvenile, domestic relations, probate C. Appellate function - courts of limited jurisdiction D. Divided districts or circuits - existing political boundaries of county E. Most common names: district, circuit, superior III.) Intermediate Appellate Courts 1. In 1911, only 13; now 42 states 2. Relieve workload higher court 3. Usually called Courts of Appeals 4. Jurisdiction mandatory IV.) Courts of Last Resort 1. Every state 2. Range from 5 to 9 judges - sit "en banc" 3. If intermediate appellate courts, appeals from this court usually has discretion 4. If no intermediate appellate court, appeal mandatory *Roles of the Courts* (Norm Enforcement) -trial courts of limited jurisdiction involves norm enforcement rather than policymaking, e.g. local legal culture and criminal cases (Administrative Hearings) - more than 50% of states have central agency - Office of Administrative Hearings (Policymaking) - more than 50% states supreme court held reliance on local property tax revenues to fund public schools violates the right to a free public education - same sex marriage - medical marijuana *Workload* Federal case load is 375,870 cases State cases Criminal and Civil Combined 96 million

Constitutionalism (Power Point)

- the goal of Historical Institutionalism is to highlight the non judicial and non-legal parts of the consitution such as Presidential influence, and various strucutres that influence the capacity of the document -

Common Law and Civil Law Traditions (PowerPoint)

-1066 William the Conqueror of Normandy began the Common Law Tradition -450 BC XII Tables of Rome marked the beginning of Civil Law

Common Law and Civil Law Traditions (PowerPoint)

-Civil Law is based on Emperor Justinian from 482 to 565 during the Byzantine reign from 527-565 -He created the Justinian Code in 533 which he titled the Corpus Juris Civilis

Constitutional Purpose (PowerPoint)

-Constitutions attempt to secure important social benefits by establish laws, mandating the rule of law, entrenching political procedures, limiting government, and guaranteeing human rights -1.) Constitutionalism and Democracy - Dead Hand Problem - Laws are made by the deceased, while those living them did not form them -Entrenchment - Constitutionalism entails rule of prior majorities, rule of law requires adherences to past precepts and can not be amended by ordinary legislation, if we revisited the constitution periodically to revise it, we would create unnecessary factions. -Article 5 limits amendment process to the senate 2.) Basic Constitutional Purpose -Establishes Legal Authority A.) Constitutions give political actions legal meaning - not dead hand but empowers citizens to provide freedom of action otherwise not possible B.) Constitutions as fundmental laws create legal standards and faciliate legal binding rules and reulating powers - constitutional rules are enabling not disabling C.) Consitutions provide a structure for making political choices

Constitutionalism (Power Point)

-For the most part the rule of law imposes procedural limits on government Limited Government A.) Enumerated Powers outlined in Article 1 Section 8 of the Constitution 1.) James Madison vetoed a law not outlined in article 1 section 8 that congress passed for internal improvments 2.) Hammer v. Dagenhart struck down laws banning child labor becasue not within enumerated powers B.) Fundamental Rights - Bill of Rights 1. Kentucky and Virginia Resolutions (1798) stated the Sedition Act was unconstitutional, because violated First Amendment freedom of speech. 2. Fourth Amendment prohibits unreasonable searches and seizures

Judicial Review (Obrian - Federalist Paper 78)

-The anti federalist are afraid of corruption and a lack of accountability in the judiciary - Hamilton says that the court is not a problem becaue they are the weakest of the branches, becaue they lack the power of the purse and the sword -They are men of virtue, we need to trust them, they are going to have precedent and rules to follow - We need judicial review, the judges dont do it who does it? - judges hold office during good behavior /lifetime - The lack of supreme court purse or sword means that they can not take action only reaction - They established judicial review -The supreme law of the land is over any subsequent laws and takes precednet over the eiwl of the elected representative. -The independence of the courts is also necessary to protect the rights of individuals against the destructive actions of factions. -The only way citizens can feel their rights are secure is to know that the judicial branch protects them against the people, both in and outside government, who work against their interests. -Hamilton cites one other important reason for judges to have life tenure. In a free government there are bound to be many laws, some of them complex and contradictory. It takes many years to fully understand the meaning of these laws and a short term of office would discourage able and honest men from seeking an appointment to the courts;

Constitutionalism (Power Point)

1.) Classical Constitutionalism -Aristotle Politeia or Constitutio -A constitution is the arragmnet of magistracies in a state -The government is everywhere soverign in the state -In democracies the people are supreme -Telos of Polity - good life or good state for a particular kind of constitution -Regime Analysis - The classification of regimes and the prudential choice of which regime is best suited to mold virtuous citizens -How is constitutional politics in America influenced by classical constitutionalism? A.) Federalists - natural aristocracy B.) Anti-Federalists - middle class

Constitutionalism (Power Point)

1.) Ordinary Politics determine judicial decisions - marshall was a member of the federalist party 2.) Constitutional Norms A.) Marshall did not support War of 1812, but did not rule the war unconstitutional under Article 1 B.) Supreme Court believed bill passed by Congress to fund internal improvements was constitutional (1819). When President Monroe vetoed bill, the Court did not rule veto unconstitutional. 3.) Constitutional Structures -If it was a 10 year term, then neither marshall or the other four justices would have been on the court, and they court may have ruled differently Two views on Law and Politics A.) Law and Politics are distinct B.) Law and Politics are inseparable, there isa fairy tale of discretion less judiciary -The framers thought the constitution would be better maintained by a well designed constitutional politics, rather than a clear statment of constitutional law -Constitutions structure ordinary politics in a way that promotes justice, stability, and prosperity -Constitutions both shaper and are shaped by politics

Common Law and Civil Tradition (Carp Reading)

Article 3 of the Consititution Section 1 - The Judicial Power of the US will be invested in one supreme court and 3 inferior courts that congress will establish from time to time -Judges of both courts hold office during good behavior -They will recieve compensiation for there work at certain times that does not diminish during there time in office Section 2 - The judicial power extends to all cases that arise under the constitution, and treates made under their authority, two controversies between 2 states, between citizens of differents tates, between citizens against foreings states etc... -In cases against public officials, the USSC has orignal jursidiction -Trial of crimes except those of impeachment, should be held infront of a jury Section 3 - Treason against the US shall consist of levying war against them, or in adhering to their enemies, and giving them aid and comfort -Congress can declare the punishment for treason

Constitutionalism (Power Point)

Contemporary Constitutions 6 Differences between Comtemporary Constitutions and Constitutions such as South Africa and Germany 1.) Contemporary constitutions much longer. 2.)Modern constitutions protect rights by forbidding government from acting; contemporary constitutions protect rights by mandating government to provide basic services. 3.) Contemporary constitutions have explicit provisions regarding many institutions, such as political parties. 4.) Contemporary constitutions contain provisions that authorize suspending the constitution during times of emergency. 5.) Contemporary constitutions include declaration of rights and circumstances under which rights can be abridged; modern constitutions only include the former. 6.) Contemporary constitutions have explicit provisions incorporating certain principles of international law.

Sources and Types of Law (Power Point)

Gives Examples - Review them For practice

Constitutional Purpose (PowerPoint)

~ Promoting Public Interest~ 1.) Entrenching practices for selecting government officials fosters deliberation and intelligent public policy - the goal of every constitution is to select good leaders first and foremost 2.) Seperation of powers, it is in the public best interest to overlap jurisdictions to foster deliberation -Madison in Federalist Papers 51 prevent tyrannical majority faction to promote public deliberation 3.) Federalism -States are laboratories for democracy. ~Insurance~ Entrench sound institutions in order to prevent change and to embed certain rights in such a way that future generations can not take them away ~National Aspiration~ 1.) Constitutional Text reminds political leaders and citizens about national goals and require policy to be consistent with the norms created 2.) Entrenched constitutional aspirations can promote progress IE to form a more perfect union and to establish justice ~Constitutions as Compromises~ -Constitutional Compromise promote consensus as opposed to majoritarian Democracy -Preserves Public Order ~Original American Constitutional Purposes~ -Liberal Political Purposes, social peace, material prosperity -Federalists - Commercial republic or national market, promotes justice, because of democracy of states -Constitutional Purpose over time~ 1.) To structure the Government 2.) Then post 1780 was to establish and promote fundmental rights. Post-Civil War Amendments - Thirteenth, Fourteenth, Fifteenth - fundamental constitutional commitment to equality vs. Violation of constitutional commitment to limited government - Sixteenth Amendment adopting progressive federal income tax, and Seventeenth Amendment adopting direct election of senators.

Sources and Types of Law (Carp)

~ Types of Law ~ *Codified (or Code) Law* -A code is a merely a body of laws, but it is one that consits of statutes enacted by a national parliment. -These laws address virtually all aspects of the body politic; are often detailed; and are arranged in an orderly, systematic, and comprehensive manner. -The US system is a hodgepodge of legislative acts, judicial decisions, unwritten legal traditions and so on *Statutory Law and Common Law* -Statutory Law is the type of law enacted by legislative body such as congress, a state legislature, or a city council, althought it could be written orders of Various quasi-legislative bodies -Statutory law is often contrasted with the common law, which is a less orderly compilation of traditions, principles, and legal practices that have been handed down from one generation of lawyers and judges to the next. -Because much of the common law is not systematically codified and delineated, as is statutory law, it is sometimes referred to as the unwritten law. - However, Much of the common law exists in the form of court decisions and legal precedents that are in written form. *Civil and Criminal Law* -Civil Law deals with disagreements between individuals , or corporations, or adimarlty matters, or contracts -Criminal Law pertains to offenses against the state itself, even if against a person it still is against society *Equity* -Equity is best understood when contrasted with law; the primary difference between the two terms is in the remedy involved. In law, the only remedy is financial compensation; in equity, a judge is free to issue a remedy that will either prevent or cure the wrong that is about to happen. - Cabin example, cabin is worthless but intrinsic emotional value is pricless *Private Law* -Private law deals with the rights and obligations that private individuals and institutions have when they relate to one another. Much civil law is in this category, because it covers subjects such as contracts between private persons and corporations and statutes pertaining to marriage and divorce. *Public Law* -Public law addresses the relationship that individuals and institutions have with the state as a sovereign entity. - Public law also deals with obligations that citizens have to the government, such as paying taxes or serving in the armed forces, or it may pertain to services or obligations that the state owes to its citizenry, such as laws providing for unemployment compensation or statutes protecting property rights. -Criminal law falls into the broad category. *Administrative Law* -The decisions and regulations set forth by the various administrative agencies of the government are the substance of administrative law. -SEC rulings, or a city health department *Consitutitonal Laws* -Basically, constitutional law is the compilation of all court rulings on the meaning of the various words, phrases, and clauses in the U.S. Constitution. Although all courts have the authority to perform this function, the U.S. Supreme Court has the final say about questions of constitutional law. *State and Federal Law* -Laws passed by one of the fifty state legislatures, ordinances promulgated by a state governor, and decisions handed down by a state court all constitute the corpus juris of a single state. - They are compelling only for the citizens of that state and for outsiders who reside or do business there. State laws must not conflict with either federal law or anything in the U.S. Constitution. -Federal law is made up of acts of Congress, presidential orders, U.S. court decisions, and so on. This body of law applies throughout the United States and usually pertains to topics that are relevant to persons in more than just one state.

Sources and Types of Law (Carp)

~Sources of Law in the United States~ *Constitution* -The Constitution is the Primary Source of Law in the United States -Thus none of the other types of law may stand if they are inconflict with the Constitution, simiarly each state has its own seperate consittuion, and all local laws must yield to it *Acts of Legislative Bodies* -Laws passed by Congress and by State legislatures constitute a bulk of law in the United States -However, county commissioners, city councils,a dn other local bodies pass law and have legislative capacity -There are almost 50,000 special districts throughout the country, each of which is headed by an elected body that acts as a legislature *Decisions of Quasi-legislative and Quasi Judicial Bodies* -Thousands of Boards, Agencies, Commissions, and Departments and so on whose primary function is not to legislate or to adjudicate but that still may be called on to make rules or to render decisions that are semi-legislative or semi judicial in character -An ex. is a post service refusing to deliver porn in the mail cause congress said they cant *Orders and Rulings of Political Executives* -Poltical executives while usually the enforcer of the law, also have some law making capacity -This occurs when presidents, governors, mayors, or others fill in the details of legislative bodies, and somties when they promulgate orders purley in the executive capacity - At the state level when a govenor fills in the details of the legislature they are acting on there ordinance making power which is a type of law making capacity *Judicial Decisions* -Judges make law as they interpret it -Judicial decisions form the Corpus Juris or the body of law that has been passed down - Common Law -