CRM/LAW C122 Lecture Notes - Lecture 4: Reproductive Health, Federal Common Law, Lochner V. New York
3 Feb 2017
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Marbury v. madison (1803); bush v. gore (2000) The reasons for determining constitutionality matter more than the outcome of the actual case. 1) idea of separation of powers ongoing; it was never settled: constitution gives us a template and it comes up in the practice; really messy, far from clear. Interpreting the constitution from the template of separation of powers. The executive branch has the power to make law and the law it makes is made through executive order. Executive order is a form of federal law. Executive branch issues a law; if it"s not complied with, it promulgates legislation: you need an enforcement mechanism. 1) send in federal troops, police; very wide, institutionally diverse in the forms of policing, but a big, policing institution that accompanies our federal government. Ex) private citizen breaks a law, police come to investigate.
