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CONSTITUTIONAL FRAMEWORK
UNIT 1, PART 1
James Madison
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Where would you rather live?
Freeland: In this country the people are free to do
whatever they want. Children and adults may decide for
themselves if they want to go to school, work, sleep all day,
play at the beach, watch videos, etc. There are no laws of
any kind in Freeland.
Leaderland: In this country there are many laws which all
have been made by one man: the Leader. The people of
this country are told by the Leader and his assistants where
to live, how to dress, what jobs to hold, what newspapers to
read, and whom to vote for at election time. The people
lead safe and orderly lives...as long as they follow the
Leader.
Limited government
The U.S government is based on the principle of
limited government.
The U.S. Constitution grants powers, limits those
powers, and lists the people’s freedoms.
Limited government is fundamental. States
reluctant to give up power to national
government. Federal government can only pass
laws related to areas in Article I of Constitution.
SEPARATION OF POWERS
Power is divided among three branches:
(1) Executive-(President) Main job is to enforce
law
(2) Legislative (House/Senate) passes laws,
known as statutes
(3) Judicial (Courts) interprets law
Checks and Balances
Checks and Balances: Constitutional system
keeps one branch from becoming too powerful
Each branch serves as a “check” on the others
Most importantly for our purposes: judicial
review-courts can determine that actions of
executive or legislative branch or even a state
legislature are unconstitutional. .
Checks/Balances: Judicial Review
Two reasons law may be found unconstitutional:
(1) Constitution does not give power to pass law;
or (2) the law violates someone’s rights
Federalism: State power
Federalism: Power of federal government also
limited by the power of the states. Federalism is
the division of power of power between
state/federal government.
Any power not given to federal government in
Constitution is reserved to the states.
Bill of Rights-Your Power
THE BILL OF RIGHTS-First ten amendments to
the Constitution. Most provisions limit federal,
state, and local governments.
Some state governments provide greater
protections than the U.S. Constitution.
End of 8-21 notes
8-23 Warm-up
The Supreme Court can remedy an unconstitutional statute
through its power of ________.
Congress passes a law that the President believes is not in
the bests interests of the country. The President can check
Congress’ power by ___________ the legislation.
North Dakota challenges a law that is passed by the feds
because it claims the Constitution does not authorize the
feds to pass the law. This demonstrates the concept of
_______, wherein states retain powers not delegated to the
federal government.
Mary is arrested for engaging in a peaceful demonstration.
What limitation on government might protect her?
GUIDELINES FOR WRITING A LAW
(1) Is the law written in clear language?
(2) When does the law go into effect?
(3) Does the law contradict other laws?
(4) Is the law enforceable? If so, by whom?
(5) Are the penalties for breaking the law clear and
reasonable
• The law we will be addressing is:
• “It shall be unlawful for any person operating a
motor vehicle to use a cellular telephone or other
mobile device for communication by any means.”
After BREAK
What was the legislature’s purpose in passing the
legislation?
Can you see anyone challenging the legislation?
If so, why?
Legislatures
Federal/state legislatures are the primary lawmaking bodies. Legislatures introduce legislation
as bills. Bills that are not vetoed become law.
Federal legislature made up of House of
Representatives and Senate. They pass laws for
the entire country.
Congress passes statutes dealing with national
issues like: environment, veterans affairs, public
health, civil rights, postal services, federal taxes,
social security, etc.
State LegislatureS
State legislatures only have power to pass laws
that apply in their states.
States pass state statutes.
State laws deal with state issues like education,
transportation, traffic, state taxes, marriage and
divorce, most criminal laws, etc.
States have broader powers to legislate than
federal government. In general, can legislate
where federal government was not given power
in the Constitution.
LOCAL GOVERNMENT
Local governments pass laws known as
ordinances or regulations.
Examples are land use, parking, school, and
regulation of local business. These laws only
apply to the local area.
SUPREMACY CLAUSE
Supremacy clause: Constitution’s supremacy clause
provides that the Constitution and federal laws will be
the “supreme law of the land” and thus will prevail in a
conflict with state law.
At times the Supreme Court has found at times that
federal laws were unconstitutional because they
intruded on state rights as they were laws on topics that
were the proper focus of the states, not the federal
government.
In some areas both state and federal government have
legislative power.
Interpreting Statutes
Legislative intent: When a judge tries to determine
what the legislature meant when it passed a law he/she
is determining legislative intent.
Rules in interpreting statutes:
(1) Vague laws not enforced. Can’t enforce if it is unclear
exactly what conduct is prohibited.
(2) When in doubt in interpreting a word in criminal statute,
the word is strictly interpreted against the government.
Usually means words are given their ordinary meaning.
POLICY for these two: Lawmakers encouraged to write
clear laws; keep people from being punished for failing to
obey unclear law.
Warm-up 8/27
• Think of 5 things you did this morning. Was the
government involved? Discuss with a neighbor.
• When you have finished pondering this, quickly
review for your quiz. Quiz? What quiz? Uh oh!
8-27 Agencies
Legislatures make general laws.
They allow agencies to develop rules and regulations to
make laws more specific.
Administrative agencies are thus “hidden lawmakers,” and
they affect business, industry, and individuals
Regulations issued by agencies become law without being
voted on
They typically hold public hearings before issuing
proposed regulations to allow interested parties
to express their concerns.
COURTS
When appeals courts make rulings, they set
precedents that lower courts in that jurisdiction
must follow. In effect, the appeals courts are
making law that others must follow.
Famous examples: Miranda, Brown v. Board, etc.
APPLYING PRECEDENT 8-27
The appeals court in the state of North Dakota
has issued a ruling stating that “Where the driver
of a tractor-trailer has a seizure without any
advance notice of that condition and without any
advance notice at the time of the seizure, he is
not negligent and therefore is not responsible for
the resulting injuries to others.”
•
You are faced with a case in a lower court in North Dakota. Your client
was on a skateboard when he suddenly sneezed and ran into Granny
Smith, causing severe injuries. Could you use the precedent? Why or
why not?
Questions
Is the North Dakota Supreme Court bound by the
appeals court opinion?
Can the N. Dakota supreme Court overturn the
decision?
What if the case goes to the N. Dakota Supreme
Court and then to the US Supreme Ct. Is the US
Supreme Court bound by that court’s decision?
WARM UP 8/31
What is the role of agencies?
How do courts make law?
What are the three branches of government?
How does the executive check the legislative
branch?
What is the courts’ check on the congress?
Writing exercise for 8-29
Describe how the Constitution limits government.
Nana is arrested under a statute that outlaws
wearing “gang-related clothing.” What argument
could Nana raise about the statute?
Nevada legalizes the sale and use of marijuana
in all casinos. This contradicts federal law which
prohibits drug use and trafficking. The federal
government sues. What will the result be and
why?
Writing practice
The Supreme Court issues a decision. Why is
this decision considered like the creation of a
new law?
Why are agencies “hidden lawmakers”?