Chapters 2-5

• Remember that the Federal government power to legislate is limited to that of which it is granted in the Constitution

• States have broader power to legislate (areas not controlled by federal government)

• If state laws conflict with federal law, the federal law is followed by the courts (Article VI – supremacy clause)

• Local = city, county, town council, boards, etc… (laws known as ordinances or regulations)

• Homework: 2.1

• Bills:• Used to enact new laws• Repeal-amend old laws• Becomes law if passed by legislature and not

vetoed by executive• Drafted (language written)• Words are given their usual meaning by the

courts so we are not breaking an unclear law

Agencies

• Authorized by legislative bodies to make laws more specific

• Ex. Safe working conditions (Agency=OSHA)• “hidden lawmakers” – hours of operation, costs, etc…• Issues becomes laws without votes or going through

legislatures• Hold hearings• Regulations proposed by fed. Gov is published in Federal

Register• Question is: is there too many regulations?

Courts

• Courts conduct trials

• Appeals go to APPELLATE COURTS

• Decision sets precedent (STARE DECISIS = let the decision stand)

• All lower courts must follow the precedent stated by appellate courts

• HOMEWORK: problem 2.2

Advocacy – Ch 3

• Who is most responsible for making laws?• Ordinary citizens• How? Voting, working for change, addressing

problems in communities• Advocacy: art of persuading others• What are you an advocate for? • Success at it, you must find out where to turn

(what level of government)• 3 golden rules: clarity, quantity, frequency

• Lobbying:• Influencing the lawmaking process by getting

votes in your favor• Basic right protected by constitution• Anyone can be a lobbyist• Professional ones are hired by corporations,

organizations (NRA, big oil) – more of an advantage because of money behind them

• Criticism – bought legislation

• One basic right you have is voting• Voting for many state and federal officials• Initiative: procedure enabling specific number of

voters to propose law by petition• Referendum: act that is referred to voters for final

approval or rejection• Recall: allows voters to remove elected officials

(ex. Gray Davis in California)• USA = Democracy or Republic?• Problems with system?

• Easy to register: US citizen, 18, and resident of area voting

• Complications:• Before 1870 – African American could not

• Before 1920 – Women could not

• Before 1924 – Most Native Americans could not

• Convicted of serious crimes (regained 5 years after sentence is finished – some states)

In Class problems

• Problem 3.3 today

• We will discuss 3.3 before we leave today if there is time

• Work in small groups

• You have 20 minutes

• Chapter 4 worksheet tomorrow after 3.3 discussion

Chapter 3 Homework

• Advocacy Paper• Use the guidelines on page 33 to develop your plan.• I want you to type out your plan using the specific

guidelines – in instances you will tell me what you would likely do instead of actually doing it (ex. Write a letter, conduct a survey, etc…)

• I am looking for what you would do as a leader of your group for your particular issue

• DUE – TYPED!!!!!

Chapter 4 Homework

• Problem 4.1 – page 44

Court System – Ch 5

• Trial courts – listen and consider evidence• Plaintiff (civil), prosecutor (criminal),

defendant• Adversary system: contest between both

sides (criticized but American cornerstone)• Inquisitional system: judge is active in

questioning and controlling court process (evidence gathering, etc…)

Steps in a Trial – page 49

• Opening statement prosecutor – defense• Direct examination (plaintiff – prosecutor)• Cross examination• Motions• Direct examination (defense)• Cross examination• Closing statement (both sides)• Rebuttal• Jury instructions• Verdict

• Jury trials guaranteed by constitution (6-7)• Voir dire – process where opposing lawyers question jurors (removal

for cause – peremptory challenges)• Appeals courts – just lawyers present the official appeals• There can be an error of law – these are usually minor errors in

directions or instructions that does not affect the outcome of the trial. • This error of law is a mistake of the judge.• Minor incidents – there is no change in the trial outcome• Major incidents can change the outcome of the trial• State and federal systems differ a bit (figure 5.1 in book)• Federal Courts – 5.2• What is the difference between a state judge and a federal judge?

Tribal Courts

• Tribal courts – still over federal jurisdiction in criminal area

• Tribal court punishments are limited

• Some tribes only have certain crimes that are classified

• Supreme court has in recent years recognized tribal courts to hear civil cases

• Taxes - Indians pay the same taxes as other citizens with the following exceptions: federal income taxes are not levied on income from trust lands held for them by the United States; state income taxes are not paid on income earned on an Indian reservation; state sales taxes are not paid by Indians on transactions made on an Indian reservation; and local property taxes are not paid on reservation or trust land.

• Laws - As U.S. citizens, Indians are generally subject to federal, state, and local laws. On Indian reservations, however, only federal and tribal laws apply to members of the tribe unless the Congress provides otherwise. In federal law, the Assimilative Crimes Act makes any violation of state criminal law a federal offense on reservations. Most tribes now maintain tribal court systems and facilities to detain tribal members convicted of certain offenses within the boundaries of the reservation.

• (ex. John Anczarck case)

• Indian Gaming Regulations:• Indian land is not under state law unless a federal law places it

under state law. • The Supreme Court held that even if a tribe is under state law

the state gaming regulations do not apply on Indian trust land. • In 1988 Congress passed the Indian Gaming Regulatory Act.

This law allows traditional Indian gaming as well as bingo, pull tabs, lotto, punch boards, tip jars, and certain card games on tribal land.

• However, it requires a tribal/state compact for other forms of gaming such as cards or slot machines. Today there are about 145 tribal-state gaming compacts.

• Nearly 130 tribes in 24 states are involved in some kind of gaming.

Supreme Court• 9 justices – Kennedy, Kagan, Roberts (CJ), Scalia,

Sotomayor, Alito, Ginsberg, Thomas, Breyer• Most of the biggest precedents are set by this court• Highest appellate court in the land• Usually 1% of cases that are appealed to the court is heard

(you only need 4 of the 9 justices to agree to hear the case – after that the petition for certiorari is granted)

• Petition for Certiorari - It includes a list of the parties, a statement of the facts of the case, the legal questions presented for review, and arguments as to why the Court should grant the writ.

• Proceedings

Chapter 5 Homework

• Read chapter 5 and do 5.4 – Gideon v Wainright – we will discuss and collect!

• LANDMARK CASES