US Law Sources: Constitutions, Treaties, Legislative & Executive Power, Finding Laws, Study notes of Agricultural engineering

Download US Law Sources: Constitutions, Treaties, Legislative & Executive Power, Finding Laws and more Study notes Agricultural engineering in PDF only on Docsity! Unit 2: Sources of Law ARE 306 I. Constitutions A. Characteristics of sovereigns. - Federal Constitution -- created a government of limited powers - State constitutions -- power limited only by the state constitution and explicit or implicit limits established by the U.S. Constitution. B. Federalism - Supremacy Clause (Article VI of the U.S. Constitution) -- concurrent authority -- preeemption C. Agricultural Law and the U.S. Constitution - Spending Clause - Commerce Clause -- authority for much federal regulation of agriculture -- preemption (dormant Commerce Clause) - Contract Clause -- states may not unreasonably impair contracts - Fourth Amendment -- unreasonable searches and seizures prohibited - Fifth and Fourteenth Amendment due process - Fifth Amendment Takings Clause - Equal Protection Clause (Fourteenth Amendment) II. Treaty making power - Article II, section 2, of the U.S. Constitution, gives the President the authority to make Treaties, with the Advice and Consent of the Senate (two-thirds vote). - absent the consent of Congress, the states lack the power to make treaties with foreign nations or agreements with other states (Article I, Section 10, paragraph 3). III. Legislative power - Federal -- power to enact statutes vested in Congress -- subject to veto by the President that may be overridden by a two-thirds vote of both houses - North Carolina -- power to enact statutes vested in the General Assembly (the Governor now has a limited veto.) IV. Judicial power - power to decide cases vested in the U.S. Supreme Court and inferior courts - power to decide cases vested in the N.C. Supreme Court and inferior courts V. Executive power - President -- power to make treaties and issue executive orders - Governor -- power to issue executive orders VI. Administrative agencies - Federal and state agencies both have the power to issue regulations VII. County and municipal governments, health boards - power to issue ordinances and rules, such as zone or nuisance ordinances. VIII. How to find laws A. Legislation - Federal United States Code (USC) United States Code Annotated (USCA) U.S. Statutes at Large (not codified)