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NCSU ARE 306 - Unit 2 - Sources of Law

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1ARE 306 Unit 2Sources of LawλConstitutional government• Highest source of law• Federal government• North Carolina government• Relationship between federal and state government2FederalismλSource 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)3FederalismλFederal government one of limited powers• Limited to those granted in the ConstitutionλState power limited only by:• Respective state constitutions• Explicit or implicit limits in the federal Constitution4FederalismλSupremacy clause (Article VI)• concurrent authority• preemption5Provisions of the ConstitutionλCommerce clause• authority for much federal lawλSpending powerλOthers• Admiralty power• Bankruptcy clause• Patents and copyright clause6Constitutional limitations on federal & state powersλContract• Limitation on the ability of states to impair contractsλ5th Amendment takings clause (applied to states through 14th)λ4th Amendment (applied to states through 14th)• prohibition against unreasonable searches and seizuresλ5th and 14th Amendment due process clausesλEqual protection clause (14th Amendment)7Treaty making powerλArt. II, sec. 2• President makes treaty• Advice & consent of Senate (2/3 vote)λAbsent consent of Congress, states may not:• make treaties• agreements with other states (interstate compacts)8Legislative powerλFederal•vested in Congress•subject to Presidential vetoλState•vested in General Assembly•subject to limited veto by Governor9Judicial powerλFederal•vested in U.S. Supreme Court & inferior courtsλState•vested in NC Supreme Court & inferior courts10Judicial powerλ“common law” vs “civil code” systemsλstare decisisλprecedent11Executive powerλPresident•power to make treaties and issue executive ordersλGovernor•power to issue executive orders12Administrative agenciesλDefinition•Created by Congress (or the General Assembly) to carry out specific duties.13Duties of administrative agenciesλRule making (legislative)λAdjudication of individual cases (judicial)λAdministrative activities (executive)14County and municipal governments, health boards, special


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NCSU ARE 306 - Unit 2 - Sources of Law

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