LAW MAKING How rules and laws are written and interpreted

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Presentation transcript:

LAW MAKING How rules and laws are written and interpreted TM

What is a law? A Statute is a written Law. TM

What is the Supreme Law of the Land? The United States Constitution TM

The Constitution delineates the powers of each branch of government. What does this mean? The Constitution delineates the powers of each branch of government. TM

The Three Branches of Government The Legislative Branch makes the laws TM

The Three Branches of Government The Executive Branch executes the laws TM

The Three Branches of Government The Judicial Branch interprets the laws TM

Checks and Balance The Legislative Branch The Judicial Branch Makes and passes Laws Impeach the president Vote for Supreme Court Justices The Judicial Branch Clarifies Laws based on interpretation of the U.S. Constitution Judicial review—allows a court to review a law and declare it unconstitutional if it conflicts with the Constitution. The Executive Branch Sign Laws into action Veto a bill Nominate Justices

What else does “Supreme Law of the Land” mean? Laws enacted by the legislative branch cannot conflict with the United States Constitution. TM

If conflict exists, the law will be invalid(Void/Nullified) Unconstitutional If conflict exists, the law will be invalid(Void/Nullified) as unconstitutional. X VS. TM

Consider the following proposed new rule for your school: No Animals are Allowed on School Grounds TM

What do you think of this rule? TM

When drafting a law: What is the rule intended to accomplish? Will the rule create a better environment? Will the rule keep citizens safe? TM

Ask yourself: Is the rule reasonable? Is it clear and easy to follow? What should be the penalty for disobeying the rule? TM

Ask yourself: Is the rule fair? Can the rule be applied to everyone equally? TM

Fact pattern #1: A teacher would like to bring in mice for a classroom science project. The mice will be kept in a cage. TM

Fact pattern #2: A parent walks her child to school each morning with the family dog on a leash. They walk onto school grounds to ensure that the child arrives safely. TM

Fact pattern #3: A visually impaired student brings her companion dog to school to help her move from class to class. TM

Fact pattern #4: A police dog enters campus with a police officer to investigate a crime. TM

Fact pattern #5: A hungry, abandoned dog wanders on campus and a student feeds him leftovers from the cafeteria. TM

No Animals are Allowed on School Grounds Conclusion: rule is poorly drafted. It doesn’t allow for exceptions and is too broad. TM

What would life be like in a school, city, or country without rules? Consider: What would life be like in a school, city, or country without rules? TM

Would you want to live in a society without rules? Anarchy Would you want to live in a society without rules? TM