Intro to California Law

January 14

CALIFORNIA GOVERNMENT

• EXECUTIVE--GOVERNOR AND CABINET

• LEGISLATIVE--BICAMERAL

• JUDICIAL

JUDICIAL BRANCH: CALIFORNIA

• CALIFORNIA COURT SYSTEM

• WEB SITE:www.calbar.ca.gov

• www.courtinfo.gov

CALIFORNIA COURT SYSTEM

Tria l C ou rtsS u p erio r C ou rts

(O n e fo r each cou n ty)

Tria l C ou rtsM u n ic ip a l cou rt

(A b o lish ed in m os t cou n ties )S u p erio r C ou rts --L im ited Ju risd ic tion

C a lifo rn ia C ou rt o f A p p ea ls S ix D is tric ts

P rim arily C ou rt o f A p p e lla te Ju risd ic tion(ap p ea ls an d w rits o f m an d ate )

C a lifo rn ia S u p rem e C ou rt7 Ju s tices

P rim arily C ou rt o f A p p e lla te Ju risd ic tion

RELATIONSHIP BETWEEN STATE AND FEDERAL GOV.

Powers of the Federal Government

The power of the federal government to regulate and make laws is not unlimited.

It has only that power given to it in the U.S. Constitution.

Powers of the Federal Government

In particular, 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.

(see page 28 of your text)

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.

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.

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?