Chapter 2 Lawmaking

Legislatures The federal legislative branch is Congress Made of 2 Houses Senate & House of Representatives - Senate = 2 per state - House = based on population

Bill – name for a law introduced in either house (not passed yet) US Congress has the power to pass laws that are binding on people in every state Congress passes federal laws that are called statutes Binding in every state Issues of National Impact Examples: national defense, taxes, civil rights, postal services, economic development etc.

States States have the power to pass laws that apply within their boundaries. Ex: you must wear a motorcycle helmet in NY, not so in SC In general the states have the power to legislate in all those areas over which the national government was not granted power by the Constitution Federal laws are binding in every state

Local In addition to the US Congress and state legislatures, cities, towns, and counties have lawmaking bodies. These are called county or city councils, boards of alderman, local boards of education, or other names. Laws passed by local governments apply only to a county, city, or town. The local lawmaking body has been given the power to enact ordinances by the state. Many of the laws most important to us in our daily lives are passed by local governments

Hierarchy of Legislatures Congress State Legislature Citiy and Town Councils

Supremacy Clause If two laws conflict between the federal government and the state government, the federal government law will be followed. Federal trumps state every time The supremacy clause states that the Constitution and federal laws are “The Supreme Law of the Land”.

Legislative Intent After a bill becomes a law, the people must obey it. Sometimes, though, the language of a law is open to differing interpretations. It is not always easy to know exactly what a law prohibits or allows. Can you think of a time in your life that would be similar to what has been described above? Disputes over what a law means frequently end up in court. Legislative intent - judges must determine what the writer of the law intended when it was written

How do you interpret these statements? Son, I’ll hold the nail, you hold the hammer. When I nod, you hit it.

How do you interpret these statements? Anyone leaving their garments here for more than 30 days will be disposed of.

How do you interpret these statements? Toilet out of order, please use floor below.

How do you interpret these statements? Automatic washing machines: Please remove all of your clothes when the lights go out.

How do you interpret these statements? And for the grand finale, A sign found outside a local golf course states, “Anyone found collecting golf balls on this course will be prosecuted and have their balls removed”

Despite these efforts, many laws are difficult to read and understand. When this occurs, one of the basic purpose of law—letting citizens know what conduct is expected of them—is lost.

No Vehicles allowed in the park First complete activity 2.2 on your own. The Case of… The Unclear Law Rewrite the law to make it more clear Make sure you have reasons to support your answers (p. 22) Second: get into groups of 2 try to persuade others in your group to the correctness and validity of your answers. Come to a consensus as a group and provide reasons for your answers

Just a bill with ambition. Dolla Bills

Drafting a Bill Legislation is often drafted and re-drafted. Why draft & redraft? Questions to ask when drafting laws or rules 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 reasonable

Drafting a Bill Cont…… Clarity in legal language is important Recently law has been written in simple, clear English Advocates argue they should be written this way so that a person of ordinary intelligence and education can understand what is expected

Law In Action Drafting a Law Simulation – choose a partner (2-3 per group) Your job is to create a new “law” for FDHS Use the problem on page 23 (#2.3) as a guide A. Identify the problem B. What is your intent in drafting this new law C. Details of the law (Does it follow the guidelines for drafting a law?) D. Explain what would happen at meeting if this law was proposed to the school Who would support it, who would oppose it and why? Explain possible problems and solutions (at least 1) Use construction/white paper (provided) to display your law Write the Law at the Top, Provide an illustration Discuss/Share with the class Turn in both with all names of participants on the sheet and back of the law display

Present laws Present your laws from yesterday

Lawmaking Alternatives Agencies Courts International UN

Agencies Legislative bodies deal with problems in a general way Administrative agencies develop specific rules & regulations EX: OSHA, EPA, DOT

Agencies Cont…. Agencies with greatest impact are at the state & local level EX: school board, zoning commission What might the agencies discuss or determine for you? Public hearings are held because…. Businesses or individuals to express opinion on issue

COURTS Describe court cases/shows you’ve seen on T.V. They were trials If you lose you can ask a higher court to review and change the result Called Appeals or Appellate Courts Verdict of Appeal sets a precedent Lower courts must follow this This is how it becomes a non-legislative law

International Lawmaking Applies to conduct of Countries Often made through a TREATY What is a treaty? Treaties regulate Money among countries Refugees crossing national borders The environment

International Lawmaking Cont…. U.S. Constitution states… a treaty is the supreme law of the land if signed by the President and Ratified by 2/3 of the Senate

UNITED NATIONS Formed in 1945 Headquartered in New York City 194 member countries Maintains system of International Courts Most important institution for international law Member countries agree to abide by rules of the U.N.

Bell Ringer Monday 8/29 Please take out your notes and take a few minutes to study for your quiz. I will be coming around to check your vocab.

Bell Ringer Tuesday 8/30 Please take out your notes and take a few minutes to study for your quiz. I will be coming around to check your vocab.

Bell Ringer Wednesday 8/31 In your own words, write down why the supremacy clause is important.

Bell Ringer Thursday 9/1 Be prepared to discuss the following: Why is it important for laws to be clearly written?

Bell Ringer Friday 9/2 Write five sentences about what you will be doing this weekend. I will be collecting it

Word Bank Checks and balances Veto Limited Government Federal Statutes Ordinances Supremacy Clause Bills Legislative Intent Public Hearings Appellate Court Precedent Treaty Extradition Prosecutor Limited Government Federalism House of Representatives Senate Checks and balances Veto Limited Government Separation of power Felony Misdemeanor Civil Laws Defendant Plaintiff Civil Action Human Rights Bill of Rights Judicial Review

Word Bank