The Paralegal ProfessionalPA101

the power to govern is shared by one central or federal government and the 50 state governments

U.S. Constitution Treaties Federal statutes Federal case law (including Supreme Court cases) Federal administrative rules and regs

◦ Federal laws take priority over state law

State Police Power State constitutions State statutes State agencies

rules and regs State case law

from state courts Local laws and

ordinances from cities, towns, etc.

1. US Constitution takes precedence over all other law

2. Federal statutes take precedence over federal regulations

3. Federal laws takes precedence over state law where the state law conflicts

4. Similarly, state constitution represents highest authority in the state, state statutes then state regulations.

  1. Past court decisions become guidance

or precedent for future cases 2. Lower courts must follow the precedent

set by higher courts 3. Courts of one jurisdiction are not bound

by the precedent of another jurisdiction 4. Adherence to stare decisis promotes

uniformity and predictability of our legal system

◆ Three separate but interrelated branches of government.

◆ Each branch has the ability to influence the other branches.

◆ The primary function of each branch is distinct from the others.

◆ The Constitution provides for enforcement power, continuous government, input by the citizens, approval of constitutional amendments by no less than three-fourths of the state legislatures in addition to two-thirds of the Congress.

1. ARTICLE I - Legislative2. ARTICLE II - Executive3. ARTICLE III - Judicial

The three branches of our are not independent of one another because the Constitution set up a system of checks and balances to help ensure that no one branch became too powerful. Each branch has powers that it can use to check and balance the operations and power of the other two branches

Delegated powers (enumerated) —those powers set forth in the Constitution assigned to the federal government. (Postage, coining money and national defense)

Reserved powers (10th amendment) —those powers not delegated to the federal government are left to the states

Concurrent powers – (environmental protection)

Enumerated power listed in the Constitution (Article 1, Section 8, Clause 3)

Congress granted the power to regulate trade with foreign governments, between states and with the Indian nations

Regulating national and international trade

first ten amendments to the US Constitution ratified in 1791 and guarantying certain fundamental rights

For example………1st Amendment: Freedom of Speech, Freedom of Religion, Right to

Assemble2nd Amendment: Right to Bear Arms3rd Amendment: Protection from quartering troops4th Amendment: Protection from unreasonable search & seizure5th Amendment: Due Process, Self Incrimination, Double Jeopardy,

Eminent Domain6th Amendment: Speedy Trial,Etc.

3 categories:

1.Fully protected speech2.Limited speech

3.Unprotected speech

Establishment Clause

Free Exercise Clause

1. No person shall be deprived of Life, liberty or property with out due process of law

2. Applies to the actions of the federal government (5th Amendment) and the state and local governments (14th Amendment)

3. Substantive due process requires that laws enacted by the government be clear on their face and not overly broad

4. Procedural Due Process requires government give notice and hearing to the individual of any legal action taken against her

No state shall deny any person the equal protection of the law.

Supreme Court has held that if a state does not provide equal protection of the laws it must have a compelling reason for doing so.

Famous U.S. Supreme Court cases1896 – Plessy v. Ferguson

-separate railway accomodations in Louisiana dividing blacks and whites were “separate but

equal”

1954 – Brown v. Board of Education-separate but equal is inherently unequal and

violates the equal protection clause

Supreme Court looks at the state’s reasoning and uses one of these three tests:◦ Strict scrutiny test

◦ Intermediate scrutiny test◦ Rational basis test

Strict scrutiny test: laws based on race or national origin are unconstitutional◦ Court has held that there is no compelling reason for

these laws.

Intermediate scrutiny test: laws based on age or gender will be examined by Court to determine if the law is “reasonably related” to a legitimate govt purpose

Rational basis test: laws that do not involve a suspect (protected) class will be upheld by Court so long as there is a justifiable reason for the law