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Chapter Two

Chapter Two. The U.S. Legal System. Federalism. U.S. citizens are subject to federal and state governments. Powers of the Federal Government. Limited Powers;

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Chapter Two

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  1. Chapter Two The U.S. Legal System

  2. Federalism • U.S. citizens are subject to federal and state governments

  3. Powers of the Federal Government Limited Powers; Express powers are granted to the U.S. Congress in Article I, Section 8 of the Constitution, which gives Congress the right to regulate such matters as the coining of money, the post office, and the military.

  4. Powers of the State Government States have very broad powers to make laws that control within the state boundaries. They cannot make laws that conflict with federal laws in areas that are preempted by the federal government.

  5. The Supremacy Clause Conflicts often exist between laws made by the federal government and laws made by states. Where a conflict exists, federal law controls. This is because of the supremacy clause of Article VI of the U.S. Constitution.

  6. Texas v. Johnson • What happened at the Republican National Convention is 1984? • What happened at Johnson’s trial? • What was the holding of the Texas Court of Criminal Appeals? What was their reasoning? • What was the holding of the United States Supreme Court?

  7. Sources of Law • Constitutions • Federal and State • Statutory • Federal and State • Legislative enactments • Case Law • Federal and State • Stare Decisis

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