Chapter 2: Sources Of The Law

25 chapter : sources OF the Law The Law as a Balancing Act one person's rights are enrorced while anomat Because Inc law is made by people JUIS not Legistators judges and administrators bring their own immitations will the process Dualities within the Law the Legal system is shaped by several duannes Balance between the spirit and the letter 01 the law - Balance between words versus merpiciation Balance between abstract principles and concide Situations Balance between men and result The Spirit and the Letter OF the Law A person who FOLLOWS the spirit othe law has Found us actual intent while one who is tied to the letter of inclum has missed us true meaning woras versus Interpretation Because words are often ambiguous the language OF the taul can become a hingrance rainer non a help in the execution OF the 1000 It is sometimes neccessary 10 manipulate the language in order 10 uncover the actual thient of the 18whakers and 10 apply not ment in 0 consistent and SAID fashion The Abstract and the Concrete Quality in the law is seen in the work OF judges legistoros and administ alors IS not possible to climinate the tension that exists between the OF the abstract and me concicle the only thing that can be done IS for aumo akers 10 den with the concrete incident without violating the obstract principle The Unctriding Principle Quality exists in the way 1 decision is intended and the way It IS actually executed - The 4000 intent and result ammis never coincide and when they do ILIS generally a matter OF luck EXIS'S in physics in DOUTICS and in economics

V Textualism J 19101 11.) ALSO called originalism Judges and attorneys 10 100K at construcions and statues as III crary works or as veroal cons inal stand as separately created artifacis that must be judged muchlike a poem or a snor story by its words andus words alone Pragmatism involves an approach by judges not considers the consequences OF adecision 10 be the single most important guideline in the development OF that decision constitutional Law consolution Fundamental law OF a nation constitutional LOW Body OF law that makes up the study OF the constitution all 1111 Articles OF confederation - created 10 hold together 0 tragite committee of sities each of which was determined to mannath its own undecendent cristerice primary weakness was that united States in Congress could not impose taxes or tarists Principles OF the U.S constitution Separational OF national powers among three district branches OF government system OF checks and balances that amouns each braven to oversee the operation of the other two branches Structure OF the U.S. consilium Articles the bro - me organization 01 the nation government Amendments - change provisions m the origingl articles Add ideas that the Framers did no include in those articles State Law each state in ine union adopts.ins.own construction

A state constitution establishes the state's government It sets down principles 10 guide the state government in making state laws and conducting state business The Principle OF supremacy A basic DUNCIDIC of law IS inaline U.S consulation is the supreme law of the land All other laws must be in line with consittutional principles 119010 2011 Preemption the process by which the courts decide that a Federal statue must are precedence over a state statue Executive Order Device by which the president can act on his own without having to resort 10 the somewhat currice risome process of going through congress Types OF Executive Orders proclamation Addresses the public at large order Mandatory directive aimed at a subdivision wunin the executive branch Memorandum suggestion issued by the president to on area OF the executive branch indicating now he would prefer mat area to use its power Article II executive order Based on presidential authority as II appears in the constitution statutory executive order issued under the aumonity of a congressional enocement Hybrid executive orders issued using both considiumonal and statutory aumonity Theories of Presidential Power TWO core incories nove been proposed concerning the nature OF presidential power

innerent executive power Delegated executive power TWO intermediate meones have been promoted 10 provide a son OF compromise Detween the two core theoues inter simal executive power Legistanively limited power challenges to executive orders Challenger must demonstrate 10 the satisfaction OF the court that He.sne they or it have sxanding.ro 51187 There is sufficient grounds For bringing the suit Statutory Law statues LOWS passed by a legislature At the Federal statutes are the the laws made by congress and signed by the president 10 one At the state level statutes are enacted by state legisiatures. codes and Titles code A compliation OF all ine statutes OF a particular state or the Federal government THES Groupings of statutes that deal with a particular area OF thelaw uniForm Laws Statutory low di Fers From state 10 state one solution 10 the problem OF inconsistent statutory lawis For all the state legistatures to adoot the same statuses the uniform Law commission (ULC) also called the National conference OF commissioners on Uniform State Laws (NCCUSL) was Founded to write these uniform laws The uniform Commercial code (UCC) 200000 A unified set OF Status designed to govern almost all commercial transactions

Helps parties involved in commercial transactions prepare their constacts Electronic Law statutes cyber commerce term applied to all cyber transactions The ULC has responded to this chanenge by creating several new uniform laws union computer information transactions ACI (UC11A) and uniform Electronic transactions Act (VETA). Court Decisions primary sources OF Lavi the constitution Statutes passed by congress and the state registration The courts also make LOW in inc consuling ways common law interpretation OF signates Judicial review common Law The body OF previously recorded legal decisions made by the courts in SPECIFIC cases state decisis liethe decision stand) PIOCESS or relying or the se previously recorded legal decisions Precedent Model case that 0 court can FOLLOW when Facing a similar situation Binding precedent precedent that 0 court must 10110W Persuasive precodent precedent inc a court IS free 10 FOLLOW or ignore Statutory interpretation the process by which the courts analyze mose aspects OF a Signate that are unclear or ambiguous or that were not antic pated a the time the legisiature passed the signie

judicial Review the process 05 determining the constitutionally 01 various legisianive signies administrative regulations or executive actions Administrative Regulations Administrative agencies "create rules require and supervise and tender decisions 1001 nate me Force Administrative Law Agencies decrees and decisions Types OF Agencies Executive agencies Are those that are directly under the control 01 the president independent agencies Are those that are not actually unthin the executive branch but instead OCI on their our authority Administrative Procedures Act (APA) Helps prevent any contrict OF interest in administralive agencies that could arise Exomoverlapping responsibilities Administrative Procegures ACI (APA) and Model State Administrative pro cedures Act under these acis an administrative agency planning new regulations must noney me affected parties and hold hearings to allow those panies 10 express their vievis These acts DISO allow the courts 10 review agency decisions and ruings The Regulatory Flexibility Act (RFA) Goal is not 10 give special treatment 10 small organizations, but to make sure that they get equal or nearby equal treatment in the marketplace places an obligation on Federal agencies within the bureaucracy 10 evaluate the effect that new regulations will have on small institutions encourages regulatory agencies 10 understand the Financial structures OF small entitles and 10 be aware of the impact any new regulations may have on those institutions The Federal Register and the Code OF Federal Regulations

Federal Register A publication that produces a daily compliancion of new regulations issued by lectera admiss alive agencies 16 119 Deep State LOOSBLY organized group OF provacateurs localian wurn the bureaucracy who oppose the president and his administration analum work together using guerrina tactics to undermine and weaken the authority int reputation and theagenda OF the president power OF the Deep-State IS intensified when the bureaucrats are joined by other members OF the colitical state who exist outside the bureaucratic Framework Deep state : HOW 10 combat it The First step in coun teracting a Deep State movement is to admit that the Deep state exists The second Step IS to avoid overreaching 10 any small VICTORY that might be scored by agents OF the Deep state the Mira step is 10 devise a plan 01 action 10 weaken or completely INVILIEY the work done by these DeeD State OCHIVISIS ways to control DeeD State acitylsm Remove weaken or diver! the attention a the Deep State players Executive Branch and Congress must cooperate in introducing legisianan designed 10 increase the accountability OF the military, the bureaucracy and their allies in me media, private industry and academia