basic law information for high school students

1. 4 Sources of Laws in the US
1
(about 132 slides)

2. I am not a lawyer
(I’m just teaching
basic law information
to high school students.)
2

3. 4 Sources of Laws in the US
1. US Constitution
– Supreme law of the land
2. Statutory Law
– Laws made by lawmakers
3. Regulatory Law
– Laws made by govt. agencies
4. Case Law
– Precedents from other judges
3

4. 4

5. US Constitution
• Highest law in our country (the “supreme” law)
5

6. US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
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7. US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
• Lays out how our government works
7

8. US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
• Lays out how our government works
– Congress
8

9. US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
• Lays out how our government works
– Congress
– President
9

10. US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
• Lays out how our government works
– Congress
– President
– Court System
10

11. US Constitution
• Highest law in our country (the “supreme” law)
• Divided into 7 “Articles”
• Lays out how our government works
– Congress
– President
– Court System
– Rights and freedoms to states and individuals
11

12. US Constitution can be changed in 2 ways
1) Amendment
•Done 27 times so far
•First 10 = “Bill of Rights”
12

13. 0
1
2
1791
1801
1811
1821
1831
1841
1851
1861
1871
1881
1891
1901
1911
1921
1931
1941
1951
1961
1971
1981
1991
US Constitution Amendments
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16
&
1713, 14, 15
BofR(1-10)
22
13
20
&
21

14. 1st 10 amendments = “Bill of Rights”
1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
14

15. 1st 10 amendments = “Bill of Rights”
1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
15
Let’s look at three examples…

16. 1st amendment
16

17. First Amendment
1. Freedom of religion
2. Freedom of speech
3. Freedom of the press
4. Freedom to peaceably assemble
5. Freedom to petition the Govt.
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18. 4th amendment
18
“Search” and “Seizure”

19. 5th amendment
19
“Self Incrimination”

20. US Constitution can be changed in 2 ways
1) Amendment
•Done 27 times so far
•First 10 = “Bill of Rights”
20

21. US Constitution can be changed in 2 ways
1) Amendment
•Done 27 times so far
•First 10 = “Bill of Rights”
2) Constitutional Convention
•Never done
21

22. US Constitution
What the
words say versus
What the
words mean
22

23. 23
Amendment 3: “No Soldier shall, in time of
peace be quartered in any
house, without the consent of the
Owner…”
Example:

24. 24
Amendment 3: “No Soldier shall, in time of
peace be quartered in any
house, without the consent of the
Owner…”
Example:
My question:
Can a SAILOR be
quartered without
consent?

25. 25
The Supreme Court decides what the
words in the U.S. Constitution mean.

26. 26
Amendment 3: “No Soldier shall, in time of
peace be quartered in any
house, without the consent of the
Owner…”
Example:
My question:
Can a SAILOR be
quartered without
consent?

27. US Constitution
What the
words say versus
What the
words mean
The Supreme Court makes the final
decision about what the words in
the US Constitution mean.
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28. 28
Amendment 1: “Congress shall make no law
…abridging the freedom of speech…”
Example:

29. 29
What does “Freedom of speech” mean?
Can this woman say anything she wants
without fear of being arrested?

30. 30
What does “Freedom of speech” mean?
Can this man say anything he wants
without fear of being arrested?

31. 31
Does “speech” only mean “talking”?

32. 32
Are hand signals “speech”?
Can she be
arrested for
making hand
signals, or does
she have
freedom of
“speech”?

33. 33
Are dances that “tell” a story
really “speech”?

34. 34
Can they be arrested for dancing, or do
they have freedom of “speech”?

35. 35
Are signs “speech”?

36. 36
Can she be arrested for holding up a sign, or does she
have freedom of “speech”?

37. 37
Are T-shirts “speech”?

38. 38
Can he be arrested for wearing a T-shirt, or does
he have freedom of “speech”?

39. Here’s what you have to know…
39

40. 40
The Supreme Court decides what the
words in the U.S. Constitution mean.
Example: What does “Freedom of Speech” mean?

41. US Constitution
What the
words say versus
What the
words mean
The Supreme Court has decided
what the US Constitution means
when it says
“freedom of speech” many
times, last time in 2012
41
United States v. Alvarez, http://en.wikipedia.org/wiki/United_States_v._Alvarez

42. 42
In general, when the U.S.
Constitution
says
“freedom of speech”
the Supreme Court
says that it
means
“freedom of expression”

43. How free is free?
Does
“freedom of
expression”
mean you can
say anything
you want?
43

44. How free is free?
Here are three
examples of
illegal
speech…
44

45. 45
It is illegal to say,
“Let’s go burn down his house!”?

46. 46
It is illegal to say,
“Let’s go burn down his house!”?
That’s an “imminent threat”

47. 47
It is illegal to say,
“Let’s go burn down his house!”?
That’s an “imminent threat”
The US Supreme Court decided this issue in Brandenburg v. Ohio, 1969
“Imminent threats” are not allowed under
“freedom of expression”

48. 48
It is illegal to use words that try to get
someone to be violent.

49. 49
“Fighting words” are illegal
It is illegal to use words that try to get
someone to be violent.

50. 50
“Fighting words” are illegal
The US Supreme Court decided this issue in Chaplinsky v. New Hampshire, 1942
“Fighting words” are not allowed under
“freedom of expression”
It is illegal to use words that try to get
someone to be violent.

51. 51
It is illegal to knowingly falsely yell “FIRE!”
in a crowed theater.

52. 52
It is illegal to knowingly falsely yell “FIRE!”
in a crowed theater.
“Dangerous words” are illegal

53. 53
The US Supreme Court decided this issue in Schenck v. United States, 1919
“Dangerous words” are not allowed under
“freedom of expression”
It is illegal to knowingly falsely yell “FIRE!”
in a crowed theater.
“Dangerous words” are illegal

54. Does “freedom of speech” mean I can wear
anything I want to school?
54

55. 55
The Supreme Court decided this issue in Tinker
v. Des Moines Independent Community School
District, 1969

56. 56
The Supreme Court
decided that schools can
regulate student dress if
that dress would…
“materially and substantially disrupt the
work and discipline of the school.”

57. Does “freedom of speech” mean I can wear
anything I want to school?
57

58. Does “freedom of speech” mean I can wear
anything I want to school?
58

59. Here’s what you have to know…
59

60. 60
The Supreme Court decides what the
words in the U.S. Constitution mean.

61. Can a lawmakers pass a law that
violates the US Constitution?
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62. 62
Can a lawmakers pass a law that
violates the US Constitution?

63. Here’s a law:
“While portraying a member of the
Army, Navy, Air Force, or Marine Corps, an
actor in a theatrical or motion-picture
production may wear the uniform of that
armed force if the portrayal does not tend
to discredit that armed force.“
10 U.S.C. §772 (f)
63

64. Against the law?
In 1968, Daniel Schacht
performed a skit that
opposed the Vietnam War on
the street in Houston with
two other people. Schacht
wore an accurate military
uniform. In the skit he shot
an unarmed pregnant Asian
actress with a red liquid from
a squirt gun.
64

65. Against the law?
Daniel was
arrested, convicted, and
sentenced to a $250 fine
and six months in jail.
65

66. Against the law?
Daniel was
arrested, convicted, and
sentenced to a $250 fine
and six months in jail.
66
Why was he arrested?

67. Against the law?
Daniel was
arrested, convicted, and
sentenced to a $250 fine
and six months in jail.
“While portraying a member of the
Army, Navy, Air Force, or Marine Corps, an
actor in a theatrical or motion-picture
production may wear the uniform of that
armed force if the portrayal does not tend
to discredit that armed force.“
10 U.S.C. §772 (f)67

68. A law against the law?
He appealed his conviction
saying the law was illegal.
68

69. A law against the law?
He appealed his conviction
saying the law was illegal.
He said the law was a violation
of the Constitution, Amendment
1, that guarantees his right to
free speech.
69

70. A law against the law?
He appealed his conviction
saying the law was illegal.
He said the law was a violation
of the Constitution, Amendment
1, that guarantees his right to
free speech.
The U.S. Supreme Court heard
his case.
70

71. A law against the law?
Do you think this law was
against the law?
“While portraying a member of the
Army, Navy, Air Force, or Marine Corps, an
actor in a theatrical or motion-picture
production may wear the uniform of that
armed force if the portrayal does not tend
to discredit that armed force.“
10 U.S.C. §772 (f)71

72. Laws cannot violate the US Constitution
The Supreme Court threw out
Daniel’s conviction and made
lawmakers change the
unconstitutional law.
“While portraying a member of the
Army, Navy, Air Force, or Marine Corps, an
actor in a theatrical or motion-picture
production may wear the uniform of that
armed force if the portrayal does not tend
to discredit that armed force.“
10 U.S.C. §772 (f)72

73. Laws cannot violate the US Constitution
Americans have the right to
express themselves in their
dress—freedom of “speech”.
73

74. Here’s what you have to know…
74

75. 75
The Supreme Court decides if a law
violates the U.S. Constitution.

76. Amendment 6: “… the accused shall enjoy
the right … to have the Assistance of
Counsel for his defense.”
What does this mean?
76

77. 77
The Supreme Court decides what the
words in the U.S. Constitution mean.
Example: What does “Right to Counsel” mean?

78. “The right of counsel”
What does it mean?
78

79. “The right of counsel”
What does it mean?
Does it mean that
the government will
pay your lawyer bill?
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80. “The right of counsel”
What does it mean?
Does it mean that
the government will
pay your lawyer bill?
That you can have a
free lawyer?
80

81. “The right of counsel”
What does it mean?
Does it mean that
the government will
pay your lawyer bill?
That you can have a
free lawyer?
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Let’s trace some history…

82. “The right of counsel”
What does it mean?
1791-1932 it meant:
You can hire your
own lawyer if you
want;
otherwise, you’re on
your own.
82

83. “The right of counsel”
What does it mean?
1932 it meant:
Govt. will pay for a
lawyer if:
83
Powell v Alabama
• Federal case
• Capital offense
• Poor
• Illiterate, feeble-minded, or the like.

84. “The right of counsel”
What does it mean?
1938 it meant:
Govt. will pay for a
lawyer if:
84
• Federal case
• Poor
• Facing prison time
Johnson v Zerbst

85. “The right of counsel”
What does it mean?
1961 it meant:
Govt. will pay for a
lawyer if:
85
• Federal case or State case
• Poor
• Capital offense
Hamilton v Alabama

86. “The right of counsel”
What does it mean?
1963-present:
Govt. will pay for a
lawyer if:
86
• Federal case or State case
• Poor
• Facing prison time
Gideon v Wainwright

87. 87
The Supreme Court decides what the
words in the U.S. Constitution mean.

88. The Supreme Court only makes
decisions about issues that come
before it.
Justices do not, out of the blue, give
their opinions about the law.
88

89. Suppose all 9 Supreme Court Justices
today believe that the US Constitution
does not allow citizens to be taxed unless
they are allowed to vote—no taxation
without representation. The Justices
cannot stop sales tax of citizens under 18
until a case comes to them.
89

90. US Constitution Summary
• The “supreme” law of the land
• Lays out how our government works
• Guarantees rights and freedoms
• Can be changed
– First 10 Amendments called “Bill of Rights”
• Some words and phrases are vague
– Meaning interpreted by the US Supreme Court
• No other law can violate the US Constitution
90

91. Constitutions in other countries…
91
MALDIVES
Their 1997 constitution:
• Requires all citizens
to be Muslim
• Prohibits visitors from practicing any
other religion, including wearing a cross
around their neck or having a Bible with
them.

92. Constitutions in other countries…
92
ERITREA
No freedom of the press.
No privately-owned news
media is allowed in the
country.
All news—
television, radio, newspaper, magazines—is
controlled by the government.

93. Constitutions in other countries…
93
GERMANY
It is against the law:
• to deny the Holocaust
• to display a swastika

94. Constitutions in other countries…
94
Burma (Myanmar)
No freedom to
peacefully assemble.
No right to petition
changes to the
government.

95. Constitutions in other countries…
95
China
No freedom to
peacefully assemble.
No right to petition
changes to the
government.

96. Constitutions in other countries…
96
Bahrain
No freedom to
peacefully assemble.
No right to petition
changes to the
government.
http://www.youtube.com/watch?v=wbjA_3IzjEA
http://www.youtube.com/watch?v=eBdu98w-f4k

97. Statutory Law
97

98. Statutory Law
Laws made by lawmakers
98

99. Statutory Law
Laws made by lawmakers
• Federal Laws
• State Laws
• Local Laws
–County Laws
–City Laws
99

100. Statutory Law
Laws made by lawmakers
• Federal Laws
• State Laws
• Local Laws
–County Laws
–City Laws
100
}Generally called “statutes”

101. Statutory Law
Laws made by lawmakers
• Federal Laws
• State Laws
• Local Laws
–County Laws
–City Laws
101
}Generally called “statutes”
}Generally called “ordinances”

102. Federal Lawmakers
102

103. Federal Lawmakers
103
meet in Washington, D.C.

104. Federal Lawmakers
104
create statutory laws for the entire U.S.

105. Federal Lawmakers
“Congress”
(We’ll have a complete unit on lawmakers
later in this course)
105
1. U.S. Senate
2. U.S. House of Representatives

106. California State Lawmakers
106

107. California State Lawmakers
107
meet in Sacramento

108. California State Lawmakers
108
create statutory laws for California

109. 109
California State Lawmakers
1. California State Senate
2. California State Assembly
3. California State Citizens
(through the “Initiative” process)
(We’ll have a complete unit on lawmakers
later in this course)

110. Regulatory Law
110

111. Regulatory Law
Made by government agencies, boards, or
commissions based on laws passed by lawmakers.
111

112. Regulatory Law
112
Generally called “codes” or “regulations”

113. 113
Regulatory Law
For example, Federal
lawmakers might pass
a statute that says that
all cities must provide
safe water to its
residents.

114. 114
Regulatory Law
The Environmental
Protective Agency will
create regulations
(administrative laws)
about how much zinc
can be in “safe” water.

115. 115
Regulatory Law
For example, Federal
lawmakers might pass
a statute that says that
all drugs sold in the US
must be proven to be
“safe and effective”.

116. 116
Regulatory Law
The Food and Drug
Administration
must prove that a
new drug is “safe
and effective”
before it can be sold
in the US

117. 117
Case Law
Created by a judge’s previous ruling

118. 118
Case Law
When a judge decides a
case, other judges will
usually decide their
cases similarly when
presented with a similar
case.

119. 119
Case Law
Precedent = “stare decisis”

120. 120
Case Law
Precedent = “stare decisis”
stare decisis: let the decision stand

121. 121
Case Law
For example, the US Supreme Court decided
that it is illegal for a school to suspend a
student for wearing a black arm band to
protest the government’s action in a war…
(the 1969 Tinker case)

122. 122
The Supreme Court ruled that schools can
only regulate student dress if that dress
would “materially and substantially disrupt
the work and discipline of the school.”
(the 1969 Tinker case)

123. 123
Do you think it is legal for a school to
suspend a student for having long hair?

124. 124
Does having long hair “materially and
substantially disrupt the work and discipline
of the school” ?

125. 125
Case Law
A judge with a case about a student being
suspended for having long hair might
carefully read the Tinker case and apply the
legal reasoning used in it to decide his case.
http://www.care2.com/causes/louisiana-student-suspended-for-having-long-hair.html
http://www.mlive.com/news/flint/index.ssf/2012/01/burton_charter_school_student.html

126. 126
Ohio,
2012
http://www.huffingtonpost.com/2012/10/24/student-punished-for-growing-hair-for-
charity_n_2010040.html

127. 127
Louisiana,
2011
http://www.care2.com/causes/louisiana-student-suspended-for-having-long-hair.html

128. 128
Michigan,
2012
http://www.mlive.com/news/flint/index.ssf/2012/01/burton_charter_school_student.html

129. 129
Case Law
When a judge decides a
case, other judges will
usually decide their
cases similarly when
presented with a similar
case.
stare decisis: let the decision stand

130. 130
Case Law
In 1976 the California
Supreme Court decided
that unmarried people
who live together may
enter into cohabitation
agreements (Marvin v.
Marvin, the “palimony”
case)

131. 131
Case Law
Now, if someone argues
that an unmarried
couple in California
cannot enter into
cohabitation
agreements, a judge will
cite Marvin v Marvin
and say “stare decisis”.

132. 132
Case Law
Now, if someone argues
that an unmarried
couple in California
cannot enter into
cohabitation
agreements, a judge will
cite Marvin v Marvin
and say “stare decisis”.

133. 4 Types of Laws in the US
1. US Constitution
2. Statutory Law
– Laws made by lawmakers
3. Regulatory Law
– Laws made by govt. agencies
4. Case Law
– Precedents from other judges
133