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Hierarchy of Laws
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Hierarchy of Laws
Structure of the Judicial Branch
U.S. Constitution
- According to the Supremacy Clause, the Constitution is the "supreme law of the land"
- Any law that contradicts the Constitution is invalid
Constitutional Interpretation
- Judges interpret the words of the Constitution and apply them in specific cases
- The Supreme Court's interpretation is binding (all other courts MUST follow it)
- What affects a judge's approach to interpreting the Constitution?
Federal Laws (and Treaties)
Politics
Personal Beliefs
Ideology
Approach to Construction
- Laws passed by Congress
- Must be:
- Passed by a majority in the House of Representatives AND Senate
- Signed by the President (or veto override)
- Must be within Congress's delegated powers
- Expressed Powers (Commerce Clause)
- Implied Powers (Necessary & Proper Clause)
State Constitutions
- Lay out structure & powers of the state government
- More easily amended
- Specific rules/protections for each state
IN Bill of Rights: https://www.law.indiana.edu/uslawdocs/inconst/art-1.html
State Laws
- Cannot conflict with:
- State Constitution
- Federal Laws
- U.S. Constitution
- If state laws conflict, they are unenforceable/invalid
Local Laws
- EX: Rent laws, zoning, local safety, school boards
- Anti-discrimination
- Could be more protective than state & federal laws
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