Advanced Legal English 403. The American Legal System Part II. Dr Myra Williamson Assistant Professor of Law KiLAW Fall 2012. Recap. In slide show #1, we looked at the powers of the federal government We learnt that the federal government has express powers and implied powers
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Advanced Legal English403
The American Legal System
Dr Myra Williamson
Assistant Professor of Law KiLAW Fall 2012
United States v Lopez (1995)
States CAN NOT make laws in these areas:
What does ex post facto law mean?
It means passing a law that makes a certain act a criminal act after the act itself was committed
States commonly make laws in these areas:
Sometimes, the concurrent jurisdiction can lead to conflicts
A state law may conflict with a federal law
Which law “wins”? The state or the federal?
So, where state law and federal law conflict, federal law wins
Note also that if a state passes a law that conflicts with the US constitution, the US Supreme court can declare the law unconstitutional and unenforceable