Exceptional features of American legal system

1. Federalism: dispute on state law to federal courts. Parallel legal system. 50 states. State courts. Courts can apply both federal and state law. Diversity jurisdiction. 2. Nature of legal argument is more substantive than formalistic. Open to just, reasonable, fair, arguments. There is some authority for any argument. Pick and choose authority and make your argument on substantial ground. Tendency to resolve disputes in court. Courts are a domain where justice is rendered. Political, economic issues are resolved. Eg. Asbestos company rights vis a vis health of employees. 3. Preemption of state law- federal preemption AT & T mobility v comp Federal law has supremacy over state law (constitutionality) Citizens united v federal election commission Election spendings Does federal govt has legislative authority to regulate health? Whether courts recognize torts action

Sources of US law. 1. US Constitution 1789-adopted Oldest Consti One of the shortest consti 2 houses: house of rep and senate There is no upper or lower house But bill has to be passed by both houses. Congress power: article I, Sec 8 President- 2 terms (Restricted through an amendment) Elected through electoral college. Article I, Section 9, 10, article IV, Sec 2 Bill of rights: 1st 10 amendments to US Consti 1st amendment: freedom of speech, religion, press, assembly, petition 2nd amendment: right to bear arms.

4th amendment- unreasonable searches and seizures (taking breath analyzers test while driving) 5th amendment-due process of law. 7th amendment- right to trial by jury in civil cases- value increases 20 $ 8th amendment- ban on excessive bail, excessive fines and cruel and unusual punishment 13th amendment- slavery abolished. 14th amendment- birthyright citizenship, due process of law. Slaves are not citizens of US- SC held. reaction Right to vote Federal rights: are negative rights not positive rights. No explicit protection on basis of gender or on the basis of sexual orientation. State constitution consists of positive rights. NJ- public education right. Brown v board of edu

2. Federal statutes 3. Admin rules 4. Federal judicial decisions 51 legal systems- each with its own consti and laws.

How laws are made? Federal agencies have the power of rule making. Rulemaking according to section 331 of admin procedure act- an agency process Code of federal regulation. Federal courts and judicial decisionsArticle III-Section 2. US Code- codification

Supreme court ^^ II US Circuit Court ^^ II US District Court State legislation Bicameral legislature. Governor Courts- 3 tiers. State courts have concurrent jurisdiction- federal law subject matter. NEW YORK COURT HIERARCHY NY Court of Appeals- highest court (CJ + 6 judges) 14 year term State intermediate appellate decision Supreme Court- lowest court Original jurisdiction Judicial review Any court can review the legislation, administrative actions that it is unconstitutional. No need to go to a constitutional court. Examples of judicial nullification. 1. Citizens united- federal stattue, campaign finance 2. Brown v. Boar 3. Heller case: Local ordinance banning arms- held unconstitutional in view of the constitution 4. Hamdan case: Detention-review of procedures,

SC: Youngstown steel seizure case: cannot seize private property without leg authority. Marbury v Madison. Cooper v Aaron The interpretation of the fourteenth amendment

Are there any limits on supreme court power?

Common law principles of stare decisis. Maintain what has been decided and do not alter that which has been established. ( vertical and horizontal dimension) Justice being constrained by precedentStare decisis can be overcome because its not rigid constrain. 4 par test 1. 2. 3. 4. Unworkable, Reliance Doctrinal anachronism discounted by society. Factual changes

In practice: absence of effective checks on judicial review

Only way to override the constitutional decision by SC(article V) 27 times- 10 bill of rights 4 has overrided SC decision In principle, president has to Article III Can adjudicate only disputes. Affected party. Political question- not to be dealt with. SC has discretion. Life Tenure- no custom of impeachment

Role of supreme court & judicial review Dynamic, contextual and contingent Federal supremacy

Common law-legal reasoning Common law and civil law Role of judges Judge made law- stare decisis. Reliance on court precedent Analogy