ARE 306 Unit 2 Sources of LawFederalismSlide 3Slide 4Provisions of the ConstitutionConstitutional limitations on federal & state powersTreaty making powerLegislative powerJudicial powerSlide 10Executive powerAdministrative agenciesDuties of administrative agenciesCounty and municipal governments, health boards, special districts1ARE 306 Unit 2Sources of LawConstitutional government•Highest source of law•Federal government•North Carolina government•Relationship between federal and state government2FederalismSource of federal power•Constitution•Ceded by states upon ratification•States did not cede all power (sovereignty)•Principle of dual sovereigns (States are not units of the federal government)3FederalismFederal government one of limited powers•Limited to those granted in the ConstitutionState power limited only by:•Respective state constitutions•Explicit or implicit limits in the federal Constitution4FederalismSupremacy clause (Article VI)•concurrent authority•preemption5Provisions of the ConstitutionCommerce clause•authority for much federal lawSpending powerOthers•Admiralty power•Bankruptcy clause•Patents and copyright clause6Constitutional limitations on federal & state powersContract•Limitation on the ability of states to impair contracts5th Amendment takings clause (applied to states through 14th)4th Amendment (applied to states through 14th)•prohibition against unreasonable searches and seizures5th and 14th Amendment due process clausesEqual protection clause (14th Amendment)7Treaty making powerArt. II, sec. 2•President makes treaty•Advice & consent of Senate (2/3 vote)Absent consent of Congress, states may not:•make treaties•agreements with other states (interstate compacts)8Legislative powerFederal•vested in Congress•subject to Presidential vetoState•vested in General Assembly•subject to limited veto by Governor9Judicial powerFederal•vested in U.S. Supreme Court & inferior courtsState•vested in NC Supreme Court & inferior courts10Judicial power“common law” vs “civil code” systemsstare decisisprecedent11Executive powerPresident•power to make treaties and issue executive ordersGovernor•power to issue executive orders12Administrative agenciesDefinition•Created by Congress (or the General Assembly) to carry out specific duties.13Duties of administrative agenciesRule making (legislative)Adjudication of individual cases (judicial)Administrative activities (executive)14County and municipal governments, health boards, special
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