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Ethics AND THE LAW Part 2

Ethics AND THE LAW Part 2. “Sources of Law”. Sources of U.S. Law. Federal Constitutions The U.S. Constitution is the most fundamental law in the country. Articles I, II and III set the structure and powers of the three branches of the federal government

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Ethics AND THE LAW Part 2

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  1. Ethics AND THE LAW Part 2

    “Sources of Law”
  2. Sources of U.S. Law Federal Constitutions The U.S. Constitution is the most fundamental law in the country. Articles I, II and III set the structure and powers of the three branches of the federal government Article IV requires each state to give “full faith and credit” to the laws of all other states
  3. Federal, Cont’d Article V tells how the Constitution may be amended or changed Article VI contains the supremacy clause Which makes the U.S. Constitution and the laws of the United States the supreme laws of the land Article VII is the last article. It provided for the ratification, which took place in 1787
  4. Bill of Rights The first 10 amendments were ratified in 1791. They are known as the Bill of Rights Bill of Rights protect rights of individual liberty, and rights of persons accused of crimes There are now 27 amendments to the Constitution
  5. State Constitutions Although similar to the federal Constitution, each state has its own constitution These can be more protective, narrower and more restrictive than the federal Constitution
  6. Common Law (Except Louisiana) Traditions brought over by the colonists to America Doctrine of precedent a.k.a doctrine of stare decisisadopted to ensure that previous case decisions are referred to in order to maintain consistency and fairness
  7. Statutory Laws Statutory Law Specific laws passed by a governing body that has been created for that purpose i.e) liquor laws, gambling statues Can be passed at the federal, state or local levels of government
  8. More on statutes… Federal Statutes are passed by the U.S. Congress and signed by the president Congress may not pass laws that conflict with the U.S. Constitution. The Supreme Court may declare any statute that goes against the Constitution as unconstitutional, or invalid
  9. Court Decisions (A.K.A. case law) Courts may make law by applying common law tradition, interpreting statutes, and by judicial review
  10. Administrative Law Departments of government created to administer very specific legislation FCC, IRS, FBI, CIA, FDA, FTC
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