DEPUTY DYE’S CRIMINAL JUSTICE CLASS – UNIVERSITY HIGH SCHOOL Looking at Lawmaking DEPUTY DYE’S CRIMINAL JUSTICE CLASS – UNIVERSITY HIGH SCHOOL

Click the pic for the Federalism Facts of Congress!

Levels of Government Government Federal State Local In our federal system of government, powers are shared between three levels:

Branches of Government Federal State Local Legislative Branch Executive Branch Judicial Branch Each level of government has three branches – legislative, executive, and judicial. These branches all have different powers, responsibilities, and requirements.

What does the legislative branch do? Who serves in the Legislative Branch? Congressmen/Congresswomen U.S. Representative U.S. Senator Legislative Branch Makes the law U.S. Congress FEDERAL U.S. House of Representatives (435 Members) Florida Legislator Florida Representative Florida Senator Florida Legislature U.S. Senate (100 Members) STATE Florida House of Representatives (120 Members) Commissioner Councilman/Councilwoman Florida Senate (40 Members) City Commission/Council *Number varies according to population County Commission School Board LOCAL

What does the executive branch do? Who serves in the executive branch? President Vice President Cabinet Members Executive Branch Enforces the law The Cabinet's role is to advise the President on any subject he may require relating to the duties of each member's respective office. FEDERAL Governor Lieutenant Governor Cabinet Members The Florida Cabinet's role is to advise the Governor and is made up of the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture. STATE Federal - The Cabinet includes the Vice President and the heads of 15 executive departments — the Secretaries of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Labor, State, Transportation, Treasury, and Veterans Affairs, as well as the Attorney General. Florida - http://www.myflorida.com/myflorida/cabinet/index.html Mayor Processes and policies for the office of the mayor will vary by city. Research your local government to find the role of your mayor! LOCAL

What does the judicial branch do? Who serves in the judicial branch? Justices of the United States Supreme Court Appellate Judges Trial Judges Judicial Branch Interprets and applies the law FEDERAL U.S. Supreme Court U.S. Circuit Courts of Appeal U.S. District Courts Justices of the Florida Supreme Court Appellate Judges STATE Florida Supreme Court District Courts of Appeal Trial Judges State Trial Courts Circuit Courts County Courts LOCAL

On your worksheet, you will need to correctly identify each branch of government, the role of the branch, and the titles/offices of government officials for each level of government. For the judicial branch, you will need to identify the levels/types of courts. Who Does What?

Interpret and apply the law Who Does What? Branch of Government Role of this branch Branch of Government Legislative Executive Judicial Role of this branch Make law Enforce law Interpret and apply the law Federal Congressman/ Congresswoman U.S. Senator U.S. Representative President Vice President U.S. Supreme Court U.S. Circuit Courts of Appeal U.S. District Courts State Florida Senator Florida Representative Governor Lieutenant Governor Florida Supreme Court District Courts of Appeal Local Councilman/ Councilwoman County/City Commissioner Mayor Circuit Court County Court

Looking at Lawmaking How are laws made in the legislature?

The Hierarchy of Law United States Constitution If there is a conflict between a lower law and a higher one, the higher one “prevails”. Acts of Congress The U.S. Constitution is the “Supreme Law of the Land.” Florida Constitution Highlight the hierarchy of law. The US Constitution as the highest law in the land. State Statutes (laws) City and County Ordinances

Constitution of the State of Florida Where does it come from? Where does Congress get the power to make acts/laws? Where does the Florida legislature get the power to make laws (statutes) for the state? Where does the local government get the power to make ordinances? Constitution of the State of Florida

Click the pic to see a Fact of Congress on how a bill becomes a law!

This bill is going to start in the U.S. House of Representatives. The cost of living is so high! Because of the downturn in the economy, we only make minimum wage and can barely make ends meet. We need to increase the minimum wage! Bill A bill is an idea that comes from a citizen, group, Congressperson, or the Executive Branch. The bill is sponsored by an interested member of the House or Senate where it receives support from other Congressmen/Congresswomen. This bill is going to start in the U.S. House of Representatives.

A bill is officially introduced when it is placed in the hopper on the side of the Clerk’s desk. Increase the federal minimum wage H.B. 1415 HOUSE APPROPRIATIONS COMMITTEE The title of the bill is entered in the House journal and printed in the Congressional record. HOUSE BUDGET COMMITTEE The Clerk then assigns the bill a number and it is assigned to the appropriate committee. HB 1415 is a fictional bill. Increase federal minimum wage

Only 1 out of every 4 bills make it out of committee! Here, experts will testify on the bill and then the committee members will make changes or updates based on this testimony. Bill Increase the federal minimum wage H.B. 1415 Committee members then vote on whether or not the bill should go to the House floor for a vote. Only 1 out of every 4 bills make it out of committee! Today, that is going to be your job! Some of you are going to be the experts providing testimony on both sides of the bill proposing an increase in the federal minimum wage. Some will testify before the House and some before the Senate. Others will be the committee members for the House and Senate. You will be responsible for asking the experts questions to get enough information so you can make a decision on this bill. HB 1415 is a fictional bill.

Why would a member vote “present”? If the bill passes committee, it is reported to the House floor for debate. Here, amendments are proposed during the bill reading. Bill Increase the federal minimum wage H.B. 1415 Why would a member vote “present”? When debate is over, the bill is voted on using one of three methods: Voice vote Division Members stand to be counted Recorded This is the most common way to vote. Members select “yea”, “nay”, or “present” or complete a paper ballot. HB 1415 is a fictional bill.

If the bill passes the House with a simple majority (218 of 435), it is sent to the Senate. It is reviewed and discussed in a Senate committee before it is voted on. Bill Increase the federal minimum wage H.B. 1415 Senate Committee members and experts for the Senate, it is your turn to testify! HB 1415 is a fictional bill.

Bill NAY! YEA! YEA! NAY! YEA! YEA! NAY! If the bill passes committee, it is sent to the Senate for debate and to make amendments to the bill. Bill Increase the federal minimum wage H.B. 1415 Unlike the House, Senate members typically vote by voice. A simple majority (51 out of 100) passes the bill. NAY! YEA! YEA! HB 1415 is a fictional bill. NAY! YEA! YEA! NAY!

If the bill passes the Senate, it is sent back to the House with a note about any changes (amendments). Bill Increase the federal minimum wage H.B. 1415 If there are amendments: It may be sent to committee for research It will be voted on again This process continues until both houses of Congress agree on an IDENTICAL bill. HB 1415 is a fictional bill.

If Congress recesses before the 10 days have passed, the bill dies. The identical bill is then sent to the President. Once it is here, the President has three options: H.B. 1415 Increase the federal minimum wage LAW VETO Sign the bill into law Veto the bill ? M. President Not sign the bill HB 1415 is a fictional bill. If Congress is in session and it is not signed with 10 days, the bill becomes law. If Congress recesses before the 10 days have passed, the bill dies.

2/3 VETO H.B. 1415 Increase the federal minimum wage If Congress disagrees with the President’s veto, they can override the veto with two-thirds vote in both Chambers of Congress. 2/3 HB 1415 is a fictional bill.

How does a bill become a law in Florida? Let’s look at the process…

IDEA DECISION BILL DRAFTED 1ST READING 3RD READING 2ND READING LAW From citizen, group or legislator . DECISION The legislator decides if the idea should be a bill. BILL DRAFTED Bill written by staff and assigned a number.. 1ST READING Published in Chamber Journal. Consideration by Opposite Chamber Same process as original Chamber. 3RD READING Final reading of the bill. The bill is voted on and may die if it does not receive a favorable vote. 2ND READING Bill is read on floor of Chamber and may be placed on Special Order Calendar by vote. COMMITTEE ASSIGNMENT /MEETING Bill is reviewed, voted on, and can be placed on calendar or allowed to die in committee. Remind students that the lawmaking process at the federal and state level are similar. Students will need to look for key words to help them distinguish between federal and state lawmaking processes. For example: Sent to the President for approval. - Federal law-making process Example 2: Sent to the Governor for approval. – State law-making process Return to Original Chamber Final versions of the bill must be identical in both Chambers.   GOVERNOR CONSIDERATION Governor can sign the bill into law, allow the bill to become law without signing, or veto the bill. GOVERNOR FINAL ACTIONS If the Governor vetoes the bill, the Legislature may override his/her veto by a 2/3 vote. LAW If the Governor does not veto the bill, the bill becomes law.

In summary, this is how a law is made: IDEA From citizen, group or legislator . BILL DRAFTED Bill written by staff and assigned a number. Consideration by Opposite Chamber Same process as original Chamber. GOVERNOR CONSIDERATION Governor can sign the bill into law, allow the bill to become law without signing, or veto the bill. GOVERNOR FINAL ACTIONS If the Governor vetoes the bill, the Legislature may override his/her veto by a 2/3 vote. LAW If the Governor does not veto the bill, the bill becomes law. COMMITTEE ASSIGNMENT /MEETING Bill is reviewed, voted on, and can be placed on calendar or allowed to die in committee.

Check For Understanding What are some important words to look for in this question? Which answers can we eliminate?