SOURCES OF LAW
1. Constitutions
Def: a legal document that explains the powers
and limits of government and lists the freedoms
and rights of the people
A. U.S. Constitution ("Big Daddy")--applies to all
U.S. citizens
B. Washington State Constitution --applies to all
Washington residents and CANNOT conflict
with the U.S. Constitution
Laws the come from the Constitution
President must be 35 yrs. old, 9 U.S. Supreme Court
Justices, freedom of speech, right to bear arms, etc.
2. Statutes
Def: Laws enacted (made) by a legislative body
What is a legislative body???
Congress!
Who/what is Congress?
The Senate and The House of Representatives!
A. U.S. Congress (legislature) makes federal laws
that apply to ALL states and their citizens--these
lawmakers meet and work in Washington D.C.
Examples of federal laws (statutes): federal
minimum wage ($7.25./hr.), federal tax laws,
federal crimes (killing
a U.S. government
official, robbing a bank, some drug laws)
B. WA State Congress (legislature) makes state
laws that apply to all counties and citizens in
Washington State--these lawmakers meet and
work in Olympia.
Examples of state laws (statutes): state minimum
wage ($8.55/hr.), state tax laws, state crimes
(murder, rape, burglary, robbery, etc.),
punishments for state crimes (death penalty, prison
time, fines, etc.), driving laws)
3. Court Decisions
Decisions in court cases become law!
These court decisions also establish "precedents"
which are decisions that are referred to when a
court is deciding futurel, similar cases)
Courts follow these "precedents" (earlier decisions)
unless there is an extremely good reason not to or
the case is not similar enough to the previous case
that established the precedent.
Examples of laws that have been made through
U.S. Supreme Court decisions:
legalization of abortion (Roe v. Wade 1973),
Miranda Rights (Miranda v. Arizona 1966),
integrated public schools (Brown v. Board of
Education 1954
4. Administrative Regulations
Def: Rules set up by government administrative
agencies (like the IRS, EPA, FDA, etc.) that have the
force of law.
Example: FAA (Federal Aviation Agency) makes
rules about what and how much "stuff" can be
taken on a plane. Those rules become law!
Process:
a. Congress maes a law (statute)
b. They turn the law over to an administrative
agency (FAA, FDA, IRS, etc.)
c. The agency makes rules (laws) that enforce
or carry out the original law or statute.