Lawmaking
Chapter 2
Objectives
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
Identify the roles of federal, state, and local legislatures in make laws.
Distinguish among laws made a local state and federal levels of government.
Define the terms of ordinance, statute, bill, and legislative intent.
Identify and explain the purpose of the supremacy clause of the Constitution.
Identify two rules that judges follow when determining legislative intent.
Interpret a law using the concept of legislative intent.
Draft a law using the five guidelines for drafting laws.
Describe how agencies are involved in the lawmaking process.
Define the terms regulation and public hearing.
Give examples that illustrate how regulations have the force of law, and explain why
administrative agencies may b viewed as “hidden lawmakers.”
Define the terms trial, appeal, appellate court, and precedent.
Explain how the decisions of appellate courts can have the force of law.
Define the term treaty.
Explain the types of activities typically regulated by treaties.
Describe who in the U.S. must approve a treaty before it becomes law, and therefore,
who regulates the actions of U.S. citizens, business, and the government.
“Even
when laws have been written down, they ought
not always to remain unaltered.”
Extra Credit: Board Meeting
Legislative Hearing: count off by 7s
Resloved: “All students over 14 years of age should be
able to vote for members of the school board.”
Roles: 1. Parents, 2.Students, 3.Teachers, 4. Parent-teacher
organization members, 5. School administrators, 6. Taxpayers,
7. Local legislator.
I. Legislatures
A. Composition of Congress
1. House of Representatives –
432 members, each state represented
according to the size of its population.
2. Senate100 members, with two from each state.
B. There is a U.S. Congress and each state has a Congress
(All are bicameral except for Nebraska. )
1. U.S. Congress passes laws binding
on the people in every state.
2. State Congresses pass laws that are binding only
on the people in their own state.
3. Federal statuesDeal with issues of national impact, such as environmental
quality, national defends, homeland security, labor relations,
etc.
4. State statues –
Deal with issues of statewide impact such as education,
traffic, state taxes, marriage, divorce, most criminal laws, and
th duties of government officials.
C. Limits of Legislatures
1. Federal cannot pass laws that
It is not specifically given the power to do so
by the Constitution.
2. State legislatures have
broader powers and can legislate anything that is not
specifically assigned to the federal branch.
3. When federal and state laws conflict
Example:
4. Supremacy clauseThe Constitution is the supreme law of the
land.
Problem 1: With a partner decide whether ach of the following laws is federal,
stat, and/or local. Then give one example, not listed among the following of a
federal, a state, and a local law.
a. No parking on the east side of Main Street between 4:00 P.M. and 6:00 P.M.
b. All persons between the ages of 6 and 16 must attend school.
c. Whoever enters a bank for purposes of taking by force or violence the property
or money in custody of such a bank shall be fined not more than $5,000 or
imprisoned not more than 20 years or both.
d. In order to sell any product on public streets, the seller must first apply for and
receive a vendor’s permit.
. No employer of more than 15 persons may discriminate on the basis of race,
color, religion, sex, or national origin.
f. All persons traveling on interstate airline carriers are subject to search before
entering the airplane departure area.
D. Response of Legislatures
1. Bills are used to
a. enact new laws
b. amend or repeal old ones
c. repeal old ones
2. Ideas for bill can come from
Legislators, executive branch, citizens, groups, businesses,
and lobbyists
3. Interpreting what the legislature means is
determining legislative intent.
E. Drafting a Bill
1. Legislation is often drafted and redrafted.
2. Six things to evaluate a draft of a law:
a. Is the law written in clear language?
b. Is the law understandable?
c. When does the law go into effect?
d. Does the law contradict any other laws?
e. Is the law enforceable? If so, by whom?
f. Are the penalties for breaking the law clear
and reasonable?
• Problem 2: Get your text and turn to pg.
22. After Reading the Case of the Unclear
Law read problem 2.2. Individually read
the directions then rewrite your law here:
II. Agencies
A. Agencies are authorized to develop rules and
regulations to make laws more specific.
1. Examples:
a. OSHA- health and safety regulations
b. EPA- Environmental Protection Agency
c. Homeland Security
2. Those with the greatest impact are those on the
state/local levels.
a. examples- Zoning Commission
3. Administrative agencies are hidden lawmakers.
4. Public hearings – Agencies have these to get the
public’s opinion on issues before they
vote on new policy.
Problem 3: Choose an occupation or profession (such as an
electrician, physician, lawyer, schoolteacher, hair stylist,
etc.) 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 test required?
How does the agency decide who gets a license?
How does the agency decide who gets a license?
Is the agency part of the federal, state or local government?
III. Courts
A. The law is also made in the court system.
1. Trials-
A decision is made here.
2. Appellate Courts- When you loose you can ask a
higher court to review the case.
3. Precedent- A court issues a written opinion so
when similar cases come up the
lower courts follow the decision made
in this case.
IV. International Lawmaking
A. It is most often made when national governments
make treaties with each other or with a group of
countries.
a. defined: The law that applies to the conduct of countries.
b. treaty- An agreement or contract between countries.
B. The Constitution provides that treaties are the
Supreme Law of the Land.
C. European Union
D. United Nations