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basic law information for high school students
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4 Sources of Laws in the US
(about 132 slides)
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I am not a lawyer
(I’m just teachingbasic law information
to high school students.)
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4 Sources of Laws in the US
1. US Constitution– Supreme law of the land
2. Statutory Law– Laws made by lawmakers
3. Regulatory Law– Laws made by govt. agencies
4. Case Law– Precedents from other judges
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1789
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US Constitution
• Highest law in our country (the “supreme” law)
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US Constitution
• Highest law in our country (the “supreme” law)• Divided into 7 “Articles”
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US Constitution
• Highest law in our country (the “supreme” law)• Divided into 7 “Articles”• Lays out how our government works
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US Constitution
• Highest law in our country (the “supreme” law)• Divided into 7 “Articles”• Lays out how our government works– Congress
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US Constitution
• Highest law in our country (the “supreme” law)• Divided into 7 “Articles”• Lays out how our government works– Congress– President
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US Constitution
• Highest law in our country (the “supreme” law)• Divided into 7 “Articles”• Lays out how our government works– Congress– President– Court System
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US Constitution
• Highest law in our country (the “supreme” law)• Divided into 7 “Articles”• Lays out how our government works– Congress– President– Court System– Rights and freedoms to states and individuals
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US Constitution can be changed in 2 ways
1) Amendment•Done 27 times so far• First 10 = “Bill of Rights”
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1791 1808 1825 1842 1859 1876 1893 1910 1927 1944 1961 1978 19950
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2
US Constitution Amendments
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16&1713, 14, 15B
of R
(1-1
0)
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20&21
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1st 10 amendments = “Bill of Rights”
1st 2nd 3rd 4th
5th 6th 7th 8th 9th 10th
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1st 10 amendments = “Bill of Rights”
1st 2nd 3rd 4th
5th 6th 7th 8th 9th 10th
Let’s look at three examples…
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1st amendment
Firstreedom
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First Amendment1. Freedom of religion2. Freedom of speech3. Freedom of the press4. Freedom to peaceably assemble5. Freedom to petition the Govt.
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4th amendment
“Search” and “Seizure”
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5th amendment
“Self Incrimination”
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US Constitution can be changed in 2 ways
1) Amendment•Done 27 times so far• First 10 = “Bill of Rights”
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US Constitution can be changed in 2 ways
1) Amendment•Done 27 times so far• First 10 = “Bill of Rights”
2) Constitutional Convention•Never done
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US ConstitutionWhat the words say versus
What the words mean
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Amendment 3: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner…”
Example:
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Amendment 3: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner…”
Example:
My question:Can a SAILOR be quartered without consent?
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The Supreme Court decides what the words in the U.S. Constitution mean.
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Amendment 3: “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner…”
Example:
My question:Can a SAILOR be quartered without consent?
What do you think?
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US ConstitutionWhat the words say versus
What the words mean
The Supreme Court makes the final decision about what the words in the US Constitution mean.
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Amendment 1: “Congress shall make no law …abridging the freedom of speech…”
Example:
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What does “Freedom of speech” mean?
Can this woman say anything she wants without fear of being arrested?
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What does “Freedom of speech” mean?
Can this man say anything he wants without fear of being arrested?
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Does “speech” only mean “talking”?
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Are hand signals “speech”?
Can she be arrested for
making hand signals, or does
she have freedom of “speech”?
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Are dances that “tell” a story really “speech”?
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Can they be arrested for dancing, or do they have freedom of “speech”?
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Are signs “speech”?
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Can she be arrested for holding up a sign, or does she have freedom of “speech”?
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Are T-shirts “speech”?
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Can he be arrested for wearing a T-shirt, or does he have freedom of “speech”?
Here’s what you have to know…
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The Supreme Court decides what the words in the U.S. Constitution mean.
Example: What does “Freedom of Speech” mean?
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US ConstitutionWhat the words say versus
What the words mean
The Supreme Court has decided what the US Constitution means
when it says“freedom of speech” many times, last
time in 2012
United States v. Alvarez, http://en.wikipedia.org/wiki/United_States_v._Alvarez
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In general, when the U.S. Constitution
says “freedom of speech”
the Supreme Court
says that it means
“freedom of expression”
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How free is free?Does “freedom of expression” mean you can say anything you want?
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How free is free?Here are three examples of illegal speech…
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It is illegal to say, “Let’s go burn down his house!”?
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It is illegal to say, “Let’s go burn down his house!”?
That’s an “imminent threat”
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It is illegal to say, “Let’s go burn down his house!”?
That’s an “imminent threat”
The US Supreme Court decided this issue in Brandenburg v. Ohio, 1969
“Imminent threats” are not allowed under “freedom of expression”
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It is illegal to use words that try to get someone to be violent.
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“Fighting words” are illegal
It is illegal to use words that try to get someone to be violent.
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“Fighting words” are illegal
The US Supreme Court decided this issue in Chaplinsky v. New Hampshire, 1942
“Fighting words” are not allowed under “freedom of expression”
It is illegal to use words that try to get someone to be violent.
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It is illegal to knowingly falsely yell “FIRE!” in a crowed theater.
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It is illegal to knowingly falsely yell “FIRE!” in a crowed theater.
“Dangerous words” are illegal
53The US Supreme Court decided this issue in Schenck v. United States, 1919
“Dangerous words” are not allowed under “freedom of expression”
It is illegal to knowingly falsely yell “FIRE!” in a crowed theater.
“Dangerous words” are illegal
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Does “freedom of speech” mean I can wear anything I want to school?
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The Supreme Court decided this issue in Tinker v. Des Moines Independent Community School District, 1969
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The Supreme Court decided that schools can regulate student dress if that dress would…
“materially and substantially disrupt the work and discipline of the school.”
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Does “freedom of speech” mean I can wear anything I want to school?
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Does “freedom of speech” mean I can wear anything I want to school?
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Here’s what you have to know…
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The Supreme Court decides what the words in the U.S. Constitution mean.
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Can a lawmakers pass a law that violates the US Constitution?
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NO!Can a lawmakers pass a law that violates
the US Constitution?
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Here’s a law:
“While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.“
10 U.S.C. §772 (f)
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Against the law?In 1968, Daniel Schacht performed a skit that opposed the Vietnam War on the street in Houston with two other people. Schacht wore an accurate military uniform. In the skit he shot an unarmed pregnant Asian actress with a red liquid from a squirt gun.
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Against the law?Daniel was arrested, convicted, and sentenced to a $250 fine and six months in jail.
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Against the law?Daniel was arrested, convicted, and sentenced to a $250 fine and six months in jail.
Why was he arrested?
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Against the law?Daniel was arrested, convicted, and sentenced to a $250 fine and six months in jail.
“While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.“
10 U.S.C. §772 (f)
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A law against the law?He appealed his conviction saying the law was illegal.
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A law against the law?He appealed his conviction saying the law was illegal.
He said the law was a violation of the Constitution, Amendment 1, that guarantees his right to free speech.
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A law against the law?He appealed his conviction saying the law was illegal.
He said the law was a violation of the Constitution, Amendment 1, that guarantees his right to free speech.
The U.S. Supreme Court heard his case.
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A law against the law?Do you think this law was against the law?
“While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.“
10 U.S.C. §772 (f)
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Laws cannot violate the US ConstitutionThe Supreme Court threw out Daniel’s conviction and made lawmakers change the unconstitutional law.
“While portraying a member of the Army, Navy, Air Force, or Marine Corps, an actor in a theatrical or motion-picture production may wear the uniform of that armed force if the portrayal does not tend to discredit that armed force.“
10 U.S.C. §772 (f)
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Laws cannot violate the US ConstitutionAmericans have the right to express themselves in their dress—freedom of “speech”.
Here’s what you have to know…
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The Supreme Court decides if a law violates the U.S. Constitution.
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Amendment 6: “… the accused shall enjoy the right … to have the Assistance of Counsel for his defense.”
What does this mean?
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The Supreme Court decides what the words in the U.S. Constitution mean.
Example: What does “Right to Counsel” mean?
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“The right of counsel”
What does it mean?
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“The right of counsel”
What does it mean?
Does it mean that the government will pay your lawyer bill?
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“The right of counsel”
What does it mean?
Does it mean that the government will pay your lawyer bill? That you can have a free lawyer?
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“The right of counsel”
What does it mean?
Does it mean that the government will pay your lawyer bill? That you can have a free lawyer?
Let’s trace some history…
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“The right of counsel”
What does it mean?
1791-1932 it meant:
You can hire your own lawyer if you want; otherwise, you’re on your own.
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“The right of counsel”
What does it mean?
1932 it meant:
Govt. will pay for a lawyer if:
Powell v Alabama• Federal case• Capital offense• Poor• Illiterate, feeble-minded, or the like.
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“The right of counsel”
What does it mean?
1938 it meant:
Govt. will pay for a lawyer if:• Federal case• Poor• Facing prison time
Johnson v Zerbst
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“The right of counsel”
What does it mean?
1961 it meant:
Govt. will pay for a lawyer if:• Federal case or State case• Poor• Capital offense
Hamilton v Alabama
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“The right of counsel”
What does it mean?
1963-present:
Govt. will pay for a lawyer if:• Federal case or State case• Poor• Facing prison time
Gideon v Wainwright
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The Supreme Court decides what the words in the U.S. Constitution mean.
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The Supreme Court only makes decisions about issues that come before it.
Justices do not, out of the blue, give their opinions about the law.
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Suppose all 9 Supreme Court Justices today believe that the US Constitution does not allow citizens to be taxed unless they are allowed to vote—no taxation without representation. The Justices cannot stop sales tax of citizens under 18 until a case comes to them.
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US Constitution Summary• The “supreme” law of the land• Lays out how our government works• Guarantees rights and freedoms• Can be changed– First 10 Amendments called “Bill of Rights”
• Some words and phrases are vague– Meaning interpreted by the US Supreme Court
• No other law can violate the US Constitution
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Constitutions in other countries…
MALDIVESTheir 1997 constitution:
• Requires all citizens to be Muslim
• Prohibits visitors from practicing any other religion, including wearing a cross around their neck or having a Bible with them.
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Constitutions in other countries…
ERITREANo freedom of the press.
No privately-owned news media is allowed in the country.
All news—television, radio, newspaper, magazines—is controlled by the government.
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Constitutions in other countries…
GERMANYIt is against the law:• to deny the Holocaust
• to display a swastika
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Constitutions in other countries…Burma (Myanmar)
No freedom to peacefully assemble.
No right to petition changes to the government.
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Constitutions in other countries…China
No freedom to peacefully assemble.
No right to petition changes to the government.
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Constitutions in other countries…Bahrain
No freedom to peacefully assemble.
No right to petition changes to the government.
http://www.youtube.com/watch?v=wbjA_3IzjEAhttp://www.youtube.com/watch?v=eBdu98w-f4k
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Statutory Law
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Statutory LawLaws made by lawmakers
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Statutory Law
Laws made by lawmakers• Federal Laws• State Laws• Local Laws–County Laws–City Laws
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Statutory Law
Laws made by lawmakers• Federal Laws• State Laws• Local Laws–County Laws–City Laws
} Generally called “statutes”
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Statutory Law
Laws made by lawmakers• Federal Laws• State Laws• Local Laws–County Laws–City Laws
} Generally called “statutes”
} Generally called “ordinances”
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Federal Lawmakers
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Federal Lawmakers
meet in Washington, D.C.
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Federal Lawmakers
create statutory laws for the entire U.S.
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Federal Lawmakers
“Congress”
(We’ll have a complete unit on lawmakerslater in this course)
1. U.S. Senate2. U.S. House of Representatives
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California State Lawmakers
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California State Lawmakers
meet in Sacramento
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California State Lawmakers
create statutory laws for California
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California State Lawmakers
1. California State Senate2. California State Assembly3. California State Citizens
(through the “Initiative” process)
(We’ll have a complete unit on lawmakerslater in this course)
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Regulatory Law
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Regulatory LawMade by government agencies, boards, or
commissions based on laws passed by lawmakers.
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Regulatory Law
Generally called “codes” or “regulations”
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Regulatory LawFor example, Federal lawmakers might pass a statute that says that all cities must provide safe water to its residents.
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Regulatory LawThe Environmental Protective Agency will create regulations (administrative laws) about how much zinc can be in “safe” water.
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Regulatory LawFor example, Federal lawmakers might pass a statute that says that all drugs sold in the US must be proven to be “safe and effective”.
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Regulatory LawThe Food and Drug
Administration must prove that a new drug is “safe
and effective” before it can be sold
in the US
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Case Law
Created by a judge’s previous ruling
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Case Law
When a judge decides a case, other judges will usually decide their cases similarly when presented with a similar case.
precedent
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Case Law
Precedent = “stare decisis”
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Case Law
Precedent = “stare decisis”
stare decisis: let the decision stand
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Case LawFor example, the US Supreme Court decided that it is illegal for a school to suspend a student for wearing a black arm band to protest the government’s action in a war…
(the 1969 Tinker case)
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The Supreme Court ruled that schools can only regulate student dress if that dress would “materially and substantially disrupt the work and discipline of the school.”
(the 1969 Tinker case)
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Do you think it is legal for a school to suspend a student for having long hair?
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Does having long hair “materially and substantially disrupt the work and discipline of the school” ?
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Case Law
A judge with a case about a student being suspended for having long hair might carefully read the Tinker case and apply the legal reasoning used in it to decide his case.
http://www.care2.com/causes/louisiana-student-suspended-for-having-long-hair.html
http://www.mlive.com/news/flint/index.ssf/2012/01/burton_charter_school_student.html
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Ohio, 2012
http://www.huffingtonpost.com/2012/10/24/student-punished-for-growing-hair-for-charity_n_2010040.html
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Louisiana, 2011
http://www.care2.com/causes/louisiana-student-suspended-for-having-long-hair.html
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Michigan, 2012
http://www.mlive.com/news/flint/index.ssf/2012/01/burton_charter_school_student.html
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Case Law
When a judge decides a case, other judges will usually decide their cases similarly when presented with a similar case.
precedent
stare decisis: let the decision stand
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Case Law
In 1976 the California Supreme Court decided that unmarried people who live together may enter into cohabitation agreements (Marvin v. Marvin, the “palimony” case)
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Case Law
Now, if someone argues that an unmarried couple in California cannot enter into cohabitation agreements, a judge will cite Marvin v Marvin and say “stare decisis”.
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Case Law
Now, if someone argues that an unmarried couple in California cannot enter into cohabitation agreements, a judge will cite Marvin v Marvin and say “stare decisis”. precedent
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4 Types of Laws in the US
1. US Constitution2. Statutory Law– Laws made by lawmakers
3. Regulatory Law– Laws made by govt. agencies
4. Case Law– Precedents from other judges
