BUS 410 Lecture Notes - Lecture 1: Federal Common Law, Indian Removal Act, Precedent
17 Feb 2016
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Only at the federal level, not state. Can only apply to the executive branch must use an executive branch agency to enforce the xo (ex: dod, doj, etc. ) Ex: obama gun control, emancipation proclamation, truman desegregating the military, Japanese internment, andrew jackson and indian removal act. 3 ways that xo"s can be checked/overturned: (1) found unconstitutional by the courts, (2) legislation can overturn it, (3) another xo can overwhelm it. This is true of the supreme court or state supreme court. State level: constitution, statute (police powers), common law. Police powers police, rape, juvie not really clear under what authority states have this. Hierarchy of sources of law (1) constitution: marbury v. madison. At this time, federalists want a strong central government. During the lame duck, john adams appoints federalists like justice. Judicial act of 1789 certain cases can go to the supreme court if someone in the executive branch wrongs you, you can go to the supreme court.
