Lawmaking Chapter 2 Street Law Text pp. 19-28 Statutes вЂў Federal and State laws passed by the Legislative Branch Ordinances вЂў Local [county/city] laws passed by county boards and city councils Supremacy Clause вЂў The Constitution and the Laws of the United StatesвЂ¦.shall be the supreme law of the land. Article 6 Lawmaking вЂў The Legislative Branch makes laws, but there are other groups that also make laws вЂў Legislatures вЂ“ This one we understandвЂ¦ laws created by legislatures are called Statutes вЂ“ Each state has a 2 house legislature like the federal government that passes statutes except for Nebraska вЂ“ Broad powers to state legislatures because of the 10th amendment вЂў Local Governments вЂ“ Cities, Towns, and Counties create laws called Ordinances вЂ“ Many of the laws we deal with daily are local ordinances вЂў вЂў вЂў вЂў Agencies Courts The People Laws are introduced in the form of Bills вЂ“ Ideas for bills come from legislators, the executive branch, individuals, groups, businesses, and lobbyists вЂў After a Law is passed the people must obey it and the courts must interpret what the law means Legislative Intent or if it is by Letter of the Law Problem 2.1 Decide whether each of the following is a federal, a state, and/or a local law. Then give an example, not listed here, of a federal, a state, and a local law. a. b. c. d. e. f. No parking on the east side of Main Street between 4:00pm and 6:00am All persons between the ages of 6 and 16 must attend school Whoever enters a bank for purposes of taking by force or violence the property or money in custody of such bank shall be fined not more than $50,000 or imprisoned not more than 20 years or both In order to sell any product on public streets, the seller must first apply for and receive a vendorвЂ™s permit No employer of more than 15 persons may discriminate on the basis of race, color, religion, sex, or national origin All persons traveling on interstate airline carriers are subject to search before entering the airplane departure area. Bills вЂў Proposed laws at the Federal and State levels. Letter of the Law вЂў Black and WhiteвЂ¦ what is written in a law with no interpretation. Legislative Intent вЂў The court interprets a law to determine what the legislature meant when creating the law. Problem 2.2 вЂњThe Unclear LawвЂќ The law seems clear, but some disputes have arisen over its interpretation. Interpret the law in the following cases, keeping in mind what the law says (letter of the law) as well as the legislative intent. Examine each situation and decide whether or not the vehicle described should be allowed in the park. Write the reasons for your choices. When you finish analyzing all of the situations, rewrite the law to make it clearer. a. b. c. d. e. f. g. Tony lives on one side of the city and works on the other. He will save ten minutes if he drives through the park. To keep the park clean, trash barrels are located throughout the area. The sanitation department wants to drive a truck into the park to collect the trash from the barrels. Two police cars are chasing a suspected bank robber. If one police car cuts through the park, it can get in front of the suspectвЂ™s car and trap it between the patrol cars. An ambulance is racing to the hospital with a dying patient. The shortest route is through the park. Elena wants to take her baby to the park in a stroller. A monument is being erected to the cityвЂ™s citizens who died in the Vietnam War. A tank, donated by the government, is to be placed beside the monument. Amul uses an electric wheelchair and wants to visit the park. Drafting a Bill вЂў вЂў An вЂњunclearвЂќ law is almost impossible to enforce These questions should be asked an answered when creating a statute or ordinance: вЂў вЂў вЂў вЂў вЂў вЂў вЂў вЂў Is the law written in clear language? Is the law understandable? When does the law go into effect? Does the law contradict any other laws? Is the law enforceable? If so, by whom? Are the penalties for breaking the law clear and understandable? Courts will not enforce laws that are so vague it is unclear exactly what is prohibited вЂњgood reasonвЂќ If there is doubt about what a word means the courts will interpret it in its вЂњordinaryвЂќ meaning. This makes legislatures write in plain English [vernacular] without using difficult legal terminology. Public Hearings вЂў Public meetings to discuss proposed regulations by an agency of government Agencies and Lawmaking вЂў Federal, State, and Local agencies can also make laws through their regulations. вЂ“ вЂ“ вЂ“ вЂ“ OSHA= Occupational Safety and Health Administration EPA= Environmental Protection Agency Department of Homeland Security DOT= Department of Transportation вЂў TSA= Transportation Security Administration вЂў Local Agencies вЂ“ Zoning, Health Boards, School Board вЂў Regulations are usually not passed until there have been Public Hearings Problem 2.4 Choose one of the following: a. b. c. Find an article in your local paper about an administrative agency. What is the agencyвЂ™s name? What does it do? Is it part of the federal, state, or local government? What does the article say about the agency? Find evidence of an agency at work in your community. What agency is acting? What action is the agency taking? Is there any way for the public to have an impact on the agency? If so, how? Is the agency part of the federal, state, or local government? Choose an occupation or profession (such as an electrician, physician, lawyer, schoolteacher, or hair stylist). Interview someone in that occupation to get answers to the following questions: What agency or organization regulates the profession? What are the qualifications for the profession? Are any licenses or tests required? How does the agency decide who gets a license? Is the agency part of the federal, state, or local government? Trials вЂў A court proceeding. Appeals вЂў To take a case to a higher court for a rehearing Appeals Courts вЂў Courts that hear appeals or retry a case from a lower court Precedent вЂў Court decision on a legal question that guides future cases with similar questions Treaty вЂў An agreement or contract between countries. Extradition вЂў Process in which one country asks another to surrender a suspected or convicted criminal. Advocacy Chapter 3 Street Law Text pp. 29-39 вЂў In our democracy, citizens are responsible for making the law, usually through elected representatives. вЂў Voting may be an important obligation but an individualвЂ™s lawmaking role is far reaching. вЂў Citizens are responsible for working to change laws that are not helping to solve problems and working for new laws and policies that help communities, cities, states, and the country. The Art of Advocacy вЂў Advocacy is the active support of a cause. вЂў Persuading others to support the same cause is also an important part of advocacy. вЂў Students are good advocates for not only themselves but also for the community, state, and nation. вЂў Advocacy takes excellent communication skills, an effective plan, and quality research. Lobbying вЂў Lobbying is a way to influence the lawmaking process by convincing lawmakers to vote as you want them to. вЂў Lobbying though sometimes looked down upon is one of our fundamental rights from freedom of speech. вЂў A lobbyist is usually employed by a group trying to influence public policy. вЂў There are lobbyists for any and all things today. вЂў Grassroots lobbyistsare people or groups that work to convince a lawmaker to vote for or against a particular issue by participating in rallies or letter writing campaigns. вЂў Grassroots lobbyists have neither the money or prestige of many other lobbyists but they do have the VOTE usually. вЂў Critics claim that lobbyists вЂњbuy legislationвЂќ. Initiative and Referendum вЂў Voting is a basic Constitutional right вЂў Initiative is a law proposed directly by the people, usually through petition, that will be voted on by the people вЂў Referendum is a proposed law вЂњreferredвЂќ to the people for a vote. Usually it is due to the fact that the proposed law is controversial and the legislative body does not want to take the blame for passing the law. вЂў Recall is an election to remove an elected official from office. вЂў In the United States anyone 18 years and older that is a citizen may vote. You must register and be registered in only one location. Participating in Elections вЂў In 2004 in the United States 72% of eligible voters were registered to vote. вЂў In 2004 64% of those registered voted in the Presidential election. вЂў Think about thatвЂ¦ only 55% of eligible voters voted which means 28% elected George W. Bush to a second term. вЂў In 2008 68% of registered voters voted in the Presidential election which is 57% of eligible voters so only 29% of the voting age population elected BarackObama. вЂў Voter turnout in the United States has been declining over the years. Middle and upper class вЂњwhitesвЂќ make up the majority of voters. вЂў Canada and Mexico have similar turnout for electionsвЂ¦ but some of the newest democracies in the world have much greater voter participation. Voter Turnout 1960-2008 2008* 231,229,580 2006 220,600,000 2004 221,256,931 2002 215,473,000 2000 205,815,000 1998 200,929,000 1996 196,511,000 1994 193,650,000 1992 189,529,000 1990 185,812,000 1988 182,778,000 1986 178,566,000 1984 174,466,000 1982 169,938,000 1980 164,597,000 1978 158,373,000 1976 152,309,190 1974 146,336,000 1972 140,776,000 1970 124,498,000 1968 120,328,186 1966 116,132,000 1964 114,090,000 1962 112,423,000 1960 109,159,000 NA 135,889,600 174,800,000 150,990,598 156,421,311 141,850,558 146,211,960 130,292,822 133,821,178 121,105,630 126,379,628 118,399,984 124,150,614 110,671,225 113,043,734 103,291,265 105,037,986 96,199,0201 97,328,541 82,496,7472 81,658,180 76,288,2833 73,715,818 65,393,7514 64,833,0965 132,618,580* 80,588,000 122,294,978 79,830,119 105,586,274 73,117,022 96,456,345 75,105,860 104,405,155 67,859,189 91,594,693 64,991,128 92,652,680 67,615,576 86,515,221 58,917,938 81,555,789 55,943,834 77,718,554 58,014,338 73,211,875 56,188,046 70,644,592 53,141,227 68,838,204 56.8% 37.1 55.3 37.0 51.3 36.4 49.1 38.8 55.1 36.5 50.1 36.4 53.1 39.8 52.6 37.2 53.6 38.2 55.2 46.6 60.8 48.4 61.9 47.3 63.1 Obama D GW Bush R GW Bush R Clinton D Clinton D GHW Bush R Reagan R Reagan R Carter D Nixon R Nixon R Johnson D Kennedy D Problem 3.3 a. Make two lists: one of all the reasons for voting and another of all the reasons for not voting. b. The following proposals have been made to encourage more people to vote. Do you favor or oppose each proposal? Explain your answers. a. b. c. d. Allow people to register and vote on the same day. Lower the voting age to 16 so some high school students could vote Keep the polls open for a week instead of a day. Automatically register everyone who has a driverвЂ™s license. Problem 3.4 a. Each of the following persons served in the previous government (the dictatorship) and now seeks a senior position in the new government. Apply the proposed law to determine which, if any, of these people should be allowed to serve. Explain the reasons for your answers. a. b. c. d. e. b. A well-trained scientist provided chemicals that the dictator used to kill thousands of people of a particular ethnic group. A university professor was required to join the dictatorвЂ™s party in order to continue her teaching. The head of the housing department had given better housing to ruling party officials. A senior police official was generally known to be fair to citizens but had enforced the dictatorвЂ™s laws banning demonstrations. This person was also active in the revolution that overthrew the dictatorship. A theater director, jailed for antigovernment actions and regularly tortured in prison, agreed to spy on others as a condition of his release from prison. What are the reasons for and against having such a screening law? If you were in the legislature of the new government, would you support or oppose the law? Would you propose a change in the law? Explain your reasons. Campaign Finance Reform вЂў Campaigns for office are expensive at almost every level. [unless you happen to run unopposed] вЂў Critics of the current system argue that: вЂ“ People of low or middle income cannot run for office successfully because they cannot raise huge sums of money вЂ“ Special interest receive favors in exchange for substantial campaign contributions вЂ“ Elected officials spend too much time raising money and not enough time doing their jobs вЂў Campaign law is enforced by the Federal Election Commission and the state Election Commissions вЂў Today each individual can donate $2400.00 to any candidate for office. Problem 3.5 a. Which of the following proposals is closest to your view of campaign finance reform? Explain your answer. пЃµ пЃµ пЃµ The only way to take money out of politics is to have full federal funding of presidential and congressional elections. In a free country with democratic elections, it makes no sense to try to limit how much money voters and candidates can contribute to campaigns. If people have the money and want to spend it on campaigns, then they should be able to. We have to balance the rights of those who want to contribute money to campaigns against the need to fight corruption and undue influence in politics. The best way to do this is through disclosure laws: let everyone see who is giving money to candidates. If elected officials favor the special interests that funded their campaigns. The voters can vote them out of office in the next election. b. Which of the following is closest to your view of judicial election? Explain your answer. пЃµ пЃµ пЃµ Money and judicial elections do don't mix. Independent commissions should appoint judges. Politics should be taken out of choosing judges. The chief executive-the governor- should nominate judges, and the state legislatures should confirm them. In a democracy we have to trust the people. Judges should be elected just like other officials