The Basic Structure of our Federal System

1
The Basic Structure of our Federal System

• Chapter 3
• Constitutional Law

2
Federalism

• The U.S. Constitution creates a federal structure
  (federalism) by dividing sovereignty (government
  authority) between the national government and
  the states.

3
Exclusive Powers

• Powers given to the federal government, but not
  to any of the states.
• List four Exclusive National Powers
• Coining money
• Declaring war
• Bankruptcies
• Naturalization of citizens

4
Concurrent Powers

• Powers given to the federal government, but not
  denied to the state governments.
• List four Concurrent Powers
• Courts
• Laws
• Taxes
• Public health and safety

5
Separation of Powers

• Divides powers within the government structure to
  prevent abuse of power.
• This is evident by examining the executive,
  legislative and judicial branches of the
  government.
• Each branch has independent powers but these are
  shared with the other branches so they can check
  on each other.

6
Supremacy Clause

• The US Constitution is the supreme law of the
  land.
• Therefore, federal laws have priority over state
  laws.

7
Judicial Review

• All branches and levels of government must abide
  by the Constitution.
• The courts can negate actions of lower courts,
  states or even Congress if they are in conflict
  with the Constitution.

8
Hierarchy of LawsFederal

• 1. U.S. Constitution
• 2. Acts of Congress and treaties
• 3. Federal common law and equity
• 4. Entire state hierarchy of laws

9
State Sources of Law

• 1. Constitutional law
• 2. Statutory law
• 3. Common law and equity
• 4. Contracts

10
Substantive Laws

• Those rules developed to govern the behavior of
  individuals in our society.
• Crimes
• Torts (personal injury and wrongs)
• Government regulations

11
Procedural Law

• Those rules that restrict government authorities
  that administer the law (police), legislative and
  executive institutions that create law.
• Includes
• Due process of law
• Equal protection of the laws
• Fair trial

12
Constitution Factoids

• ¾ vote by states for amendments
• State constitutions require approval of voters
• Bill of Rights in first 10 amendments, containing
  many of the fundamental rights of the people.