...Instructions: Based on your reading of Chapter 2, answer the following questions with substantive responses: 1. Describe the organization and structure of the American legal system by defining the different roles of the federal and state governments; and 2. Describe the Supremacy Clause and explain what happens when there is a direct conflict between federal and state law. Structure of your assignment: When writing an assignment, organization and logic should be your key components. Before you begin, you should keep the following basic rules in mind: 1. Double space throughout 2. Use Times New Roman size 12 font 3. Do not have blue citations in any part of your paper/assignment/submission. If you copy and paste your link, hover your mouse over the top of the link, right click…a vertical dropdown list will come up. Select remove hyperlink. Space and the link should be black. 4. Be sure to use hanging indents where needed in your reference page. The following will help you with hanging indents. (Note: you may also use The Owl at Purdue.) http://libguides.css.edu/APA6thEd/APAFormatting 5. Be sure to have an APA formatted cover page. 6. Note that your reference page and cover page are ‘not’ to be included in the amount of pages required for your assignment 7. Your submission is to be 2-3 pages, plus the cover sheet, and plus the reference page, for a total of 4-5 pages. 8. Do not use first person...
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...System I. The purpose of this paper is to describe the organization and structure of the American legal system by defining the roles of the federal and state governments as follows; The role of the federal government, the role of the state government, the shared roles of the federal and state government, the Supremacy Clause, and what happens when there is a direct conflict between federal and state laws. II. Role of the Federal Government Over two hundred years ago, our founders designed the United States to be governed under a system of federalism. The Cornell University Law School defines federalism is a system of government in which the same territory is controlled by two levels of government (2014). Specifically, in the U.S. the two levels of government are the federal or national level, and the individual state level. The creation of this system was deliberate as to eliminate the opportunity for any one person, and or branch of government, from having too much power over the country; consequently undermining the system of democracy as a whole. a. The national level of authority is known as the federal government, and has powers over the nation as a whole. The federal government is given express powers, of specific design, from the constitution itself. However, the branches of the federal government are also afforded the opportunity to interpret those powers in each circumstance that may arise, these are implied powers. Specifically the powers...
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...American Legal System: Federal and State Governments and the Supremacy Clause Sarah Sayegh Professor McElligott 15 January 2015 Unit 3 “We the people of the United States, in Order to form a more perfect Union…” Drafted in Philadelphia in 1787, the United States Constitution has been the founding legal document of our government. One preamble, seven articles and twenty-seven amendments have allowed for our nation to prosper and grow. Following the principles of federalism, the federal government and state governments coexist and make laws within their own designated territories. The organization and structure of the American legal system is based on federalism, which allows our country to be controlled by two levels of government. While the federal government controls military powers, declares war, prints money etc. the state governments are designed to handle less severe but still crucial situations such as, regulating interstate commerce, conduct elections, establish local governments, set up schools etc. Such a strong organized government has created fairness, structure and most importantly freedom as both the federal and state governments work within their means and support each other. The US Constitution divides the federal government into three branches, the legislative branch, executive branch and judicial branch. In doing so, it ensures a government in which no group gains more power then the other. The legislative branch creates the laws in which we abide by...
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...Explain the different roles of the federal and state government. The American legal system consists of two separate levels of court, defined as federalism, which together administer and enforce the laws in the United States. Federalism distributes the government powers between both the federal governments and the state governments, which ensures that the power of the national government is decentralized. The US Constitution divides the federal government into three branches - legislative, executive, and judicial. The legislative branch, consisting of the House of Representative and the Senate, make laws, the executive branch, consisting of the President, Vice President, and his cabinet, carry out the laws, and the judicial branch, consisting of the Supreme Court and other courts, evaluates the laws. Additionally, each branch has the power to change acts of the other branches. The President has the power to veto laws passed by congress, Congress can confirm or reject the president’s appointments and can remove the president from office, and the justices of the Supreme Court can overturn unconstitutional laws. The State government is modeled after the federal government and contains the same three branches; however, each state has their own constitution, which is often more detailed than the federal constitution. All powers not allotted to the federal government are reserved for the state governments. In the state government, the executive branch is lead by a governor...
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...the role of law for business and society differ now in the 21st century. With the endorsement of the 10th amendment, Federal and state powers were separated, which lead to the birth of the Commerce and Supremacy Clause were born. Businesses have headquarters located worldwide and perform services at remote locations. The company I work for is no different and must abide by the law set forth by the government. 10th Amendment On December 15, 1971 the ratification of the 10th Amendment of the Constitution was put into place to separate the Federal and State Government. According to "Findlaw" (2014), "The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people." The delegates of that time were assured that the new Federal Government could not enforce powers that they did not have. The Tenth Amendment also assured the State delegates that when needed they would be able to exercise the reserve power that was granted to them. The Supremacy and Commerce clauses where enacted to assist both the Federal and State government with enforcing their power granted to them by the tenth Amendment. Supremacy and Commerce Clause With the adoption of the Supremacy and Commerce Clause, it allowed the Federal and State government to exercise their granted powers without reprisal from the other party. According to...
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...The United States government adopting federalism. Even though federalism isn’t mentioned in the constitution, the principles of federalism are mentioned in various articles. For example article 1 section 8 displays the power available to congress. It contains the ‘elastic clause’ that potentially gives the federal government so much power over the states. And the amendments provide a list of ‘can’t do’s’ for the states. For example states can’t enter into treaties with foreign powers. As the aspects of federalism is displayed in the codified constitution, signifies the importance for the US to collectively follow this system. However, Federalism is a method of government that also allows the states to maintain their sovereignty, without the fear of intervention of the central government, unless they violate or clash with the constitution. This is evident as each state has its own constitution and its own executive, legislature and judiciary all working within the limits set by the national constitution; executive; legislature and judiciary. An example of a state constitution that has relevant articles to its needs is Idaho. For instance in their constitutions article 16, section 1 the constitution talks of the need for the Idaho legislature to pass laws that protect livestock from disease. The federalism structure helps create an adaptive US state as laws concerning them individually are taken into account, which prevents ignorance from the central government and a more effective...
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...written constitution bestows powers to a central government and regional or sub-divisional governments. Both types of governments retain a significant amount of authority, being autonomous in nature and possessing the power to act directly upon the people through their officials and laws. Power sharing is done by granting delegated powers, concurrent powers and reserved powers to the national government, national and state governments, and state governments respectively. For instance, determination of foreign policy, power to make treaties and declare wars, control imports and exports, and printing money is done by the federal government. On the other hand, state and federal governments share responsibilities such as taxation, business regulation, environmental protection, and civil rights. At the Constitutional Convention of 1788, the Federalists and the Anti-Federalists were undecided on which style of government would suit America best. They debated over the actual scope of national authority versus the protections of individual rights. While under the Unitary government arrangement, states retain the final authority, the Confederation gives all formal authority to the national government. Since both these experiments had not worked successfully due to obvious drawbacks, the framers selected Federalism as the system of government in America. Federalism provided the necessary autonomy to the central and the state government, while...
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...manufactured by a company operating in the State of Confusion. This statute conflicts with the Commerce Clause that regulates interstate commerce thus should be heard in the appropriate U.S. District Court. U.S. District Courts hear cases involving federal questions, and because the statute interferes with the activities that affect interstate commerce federally regulate The Supremacy Clause establishes that the Constitution, treaties, federal laws and federal regulations are the supreme law of the land (Cheeseman, 2010). State laws that conflict with valid federal laws considered unconstitutional. The Commerce Clause of the U.S. Constitution grants Congress the power to regulate commerce with foreign nations, and among the several states, and with Indian tribes. The Commerce Clause also gives the federal government the authority to regulate interstate commerce. This clause also allows the federal government to regulate activities that affect interstate commerce. Because the trucks would be passing through the State of Confusion it falls under interstate commerce regulation. The statute directly and substantially conflicts with the federal government’s authority to regulate activities that affect interstate commerce that makes the statute that the State of Confusion imposed is unconstitutional. In the case Tanya Trucker versus The State of Confusion, the federal government has not made an attempt to regulate the hitches used on the nation’s highways. The State of Confusion...
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...stated she did not know how long the boxes were stacked there. How long the boxes being stacked is not the issue, it’s more an issue of negligence on Pathmark’s part because the boxes should not be laying around where people are walking. The court, due to not enough grounds of evidence, should not grant Pathmark requesting a summary judgment. Case 4.1 – Supremacy Clause Does the Massachusetts anti-Myanmar statue violate the Supremacy Clause of the U.S. Constitution? Under the Supremacy Clause, this anti-Myanmar act does violate the U.S., because it is going against the “supreme law of the land.” When Massachusetts set forward this, it went against the federal statute, making the state preempted by the federal statute. The states of the US don’t have to right to regulate commerce, only the federal government does. Case 4.2 – Establishment Clause Does the display of the Ten Commandments in the countries’ courthouses violate the Establishment Clause? No, the county courthouses displaying the Ten Commandments does not violate the Establishment Clause because they are not affiliated with Congress, and the Establishment Clause is directed only toward...
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...trailers that passed through the state to install a B-type hitch that is only manufactured by a company operating in the State of Confusion. This statute conflicts with the Commerce Clause which regulates interstate commerce thus should be heard in the appropriate U.S. District Court. U.S. District Courts hear cases involving federal questions and being that the statute interferes with the activities that affect interstate commerce that is federally regulated. The Supremacy Clause establishes that the Constitution, treaties, federal laws and federal regulations are the supreme law of the land (Cheeseman, 2010). State laws that conflict with valid federal laws are considered unconstitutional. The U.S. Commerce Clause gives the federal government the authority to regulate interstate commerce. This clause also allows the federal government to regulate activities that affect interstate commerce. Since the trucks would be passing through the State of Confusion it falls under interstate commerce regulation. The statute directly and substantially conflicts with the federal government’s authority to regulate activities that affect interstate commerce which makes the statute that the State of Confusion imposed is unconstitutional. In the case Tanya Trucker v. The State of Confusion, the federal government has not made an attempt to regulate the hitches used on the nation’s highways. The State of Confusion will probably argue that under intrastate commerce they can regulate business...
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...maintains the theory that the national government and the state governments are coequal sovereigns? • Competitive federalism • Cooperative federalism • Dual Federalism • Hierarchical federalism Click here to download HIS 301 Week 1 Quiz 3. Under the leadership of which of the following Chief Justices did the Supreme Court render many decisions advancing civil liberties, especially in the criminal context? • Warren • Rehnquist • Marshall • Jay 4. Assume that a state and the federal government hold concurrent jurisdiction over an issue and furthermore, both have enacted statutes to regulate the subject. However, the state statute is contrary to the federal law. The state law is • Invalid as preempted by the federal law under the Supremacy Clause. • Valid. • Invalid as preempted by the Necessary and Proper Clause. • Invalid as violating the dormant Commerce Clause. Want to see the complete Quiz..?? Click HIS 301 Week 1 Quiz Assignments 5. In which era did the Court begin to expand the powers of the federal government? • Rehnquist Court • Marshall Court • Pre-New Deal • Taney Court Want to check out the complete Assignment..?? Visit HIS 301 Week 3 Quiz 6. Which of the following constitutional clauses has not contributed to the growth in federal power? • Necessary and Proper Clause of Art. I • Powers Clause of the Tenth Amendment • Supremacy Clause of Art. VI. • Commerce Clause • 7. Which of the following was...
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...of the Legal System – Federalism BobbieSue Watts Kaplan University The Structure of the Legal System – Federalism Within the United States, citizens are structured under two different governments, federal and state. Governments function under a principle called federalism. Federalism is a system of government in which people are regulated by both federal and state governments. (Banker, 2010, p. 16) Each government plays a role in the structure of the American legal system. Federal government has power over all fifty states, while state government only has the power within their own boundaries. The power of the state government can only make laws that doesn’t conflict with the federal government. Each government has their own organization that they follow that makes the American legal system. The federal government consists of three branches: legislative, judicial, and exective. Within our legal system each branch of government plays a distinctive role that doesn’t over power the other branches due to checks and balances. The legislative branch consists of congress which writes the laws. The judicial branch consists of the Supreme Court that interupts the laws. The exective branch is the president and the president’s cabinet that enforces the laws. (Banker, 2010, p. 22) The federal government is granted express and implied powers. Express powers are granted to congress and spelled out in the U.S. Constitution. Implied powers are regulated powers that are derived from the express...
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...1) Marijuana was legalized by voters through citizen initiatives. The method of ballot initiative through special interest groups was most likely used due to little support from state legislators. Only twenty-six states, and Washington D.C. implement initiative rights to citizens. Some believe initiative rights, which reflect a direct democracy, threaten our representative system. 2) The federal government regulates the use of controlled substances through The Controlled Substances Act. In the case of Gonzales v. Raich (2005), The Supreme Court interpreted that under The Commerce Clause the federal government has authority to prohibit marijuana for all purposes. As stated in The Supremacy Clause of the constitution, the framers intended for...
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...regulate interstate commerce is reserved for the federal government. Clarified the commerce clause Unitary system: central government has main power. Most national governments are unitary. Contrasts with federal system Block grants: federal grants given to states or communities to fund programs for community development and social services. Provide money for general programs rather than specifics. Conditions of aid: rules connected to grants states receive from federal government. States must follow the conditions to receive aid. Dual federalism: National and state governments have separate spheres. States can function without interference from federal government. Grants in aid: Federal grants given to states...
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...with Confusion’s statute so her trucks can continue driving through the state. Because the federal government has not made any attempt to regulate the truck hitches used on the nation’s highways, Tanya feels that the statute is a violation of the federal commerce clause, and hopes to have the statute overturned. What Court has Jurisdiction? The specific components of a case aid in determining the jurisdiction over a suit. For Tanya Trucker’s case, she may file in either a state or federal court as they both have jurisdiction. However, it would be pointless for Tanya to file suit in the State of Confusion where the trailer hitches are produced, sold, and required for transport. This could cause court bias, as Tanya’s company is located in another state. Diversity of citizenship jurisdiction allows a state case to be brought to a federal court if the lawsuit involves citizens from different states and involves a nonfederal question. The federal court must apply the appropriate state’s law in deciding the case, and the dollar amount must exceed $75,000 (Cheeseman, 2010, p. 41). Although the case could involve diversity of citizenship, Tanya believes that the State of Confusion does not have the right to impose a statute that hinders free trade between states as defined by federal law. The federal court must determine a statute’s constitutionality when it is inconsistent with federal law, as it appears to be...
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