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Module 1
HISTORY AND SOURCE OF AMERICAN LAW/CONSTITUTIONAL LAW
| Term | Definition |
|---|---|
| Natural Law | The natural law school advances the theory that there is a universal moral law that governs all of us as human beings, regardless of the society or time period in which we live. The US Constitution is based on Natural Law. |
| Constitutional Law | Constitutional law is the highest form of law in a jurisdiction and exists in the form of a constitution and its various amendments. The U.S. Constitution and the Bill of Rights are examples of federal constitutional law. |
| Statutory Law | Statutory law is the second highest form of law in the hierarchy of U.S. law and exists in the form of statutes and ordinances |
| Administrative Law | Administrative law is created by an administrative agency pursuant to the powers granted to the agency in its enabling act. Administrative law exists in the form of rules and regulations. |
| Common Law | Common law, or case law, is the body of law formed by opinions issued by courts of law. It exists in the form of precedent cases that contain legal principles and concepts that are binding on the lower courts |
| Legislative Branch | The legislative branch is charged with making the law. At the federal level, the legislative branch is the U.S. Congress, which consists of a House of Representatives and a Senate. |
| Executive Branch | The executive branch administers and enforces the law. The executive branch is led by the President of the United States. The executive branch also consists of the various administrative agencies that are created by Congress through statutes. |
| Judicial Branch | The judicial branch consists of the U.S. Supreme Court and any such lower courts as Congress deems necessary |
| Checks and Balances | The Founding Fathers also ensured each branch of government had checks and balances on the other two, so as to prevent one branch from becoming too powerful. |
| Privileges and Immunities Clause | The Privileges and Immunities Clause to the U.S. Constitution prevents a state from treating the citizens of another state in a discriminatory manner Track progress |
| Full Faith and Credit Clause | The Full Faith and Credit Clause of the U.S. Constitution guarantees that court judgments, records, and legal documents issued in one state will be recognized in the other states Track progress |
| The Commerce Clause | The Commerce Clause is found in Article IV, Section 8 of the U.S. Constitution, which empowers Congress "[t]o regulate Commerce... among the several States...." Many of the statutes that impact businesses derive their authority under the Commerce Clause |
| The Tax and Spend Clause | The Tax and Spend Clause of the U.S. Constitution and states that Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States |
| States Rights under the Constitution | The 10th Amendment to the U.S. Constitution states that, "[t]he powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." |
| Bill of Rights | The first ten amendments to the U.S. Constitution collectively are referred to as the "Bill of Rights." |
| First Amendment | The First Amendment is the broadest of the amendments in terms of the scope of rights protected. It includes restrictions against government infringement of the freedoms of religion, speech, assembly, and the press |
| Second Amendment | The Second Amendment prohibits government infringement of the right of the people to keep and bear arms. |
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