LAWMAKING Legislatures, Bills, and Agencies

Who Makes Laws?  The laws that we are expected to obey come from many different sources  Legislatures make laws  Voters can act directly as lawmakers  Administrative agencies make many laws  Laws are sometimes made by courts

Legislatures  The United States Constitution divides the power to make laws between federal & state governments  Legislatures are the primary lawmaking bodies  United States Congress – the federal legislature  Senate & the House of Representatives  Laws passed by Congress are binding in every state  States may pass laws within their own border

Congress  The lawmaking authority of Congress is exercised through the passage of laws known as statutes  Federal statutes deal with issues of national impact  Environmental Quality  National Defense  Veteran’s Affairs  Civil Rights  Postal Services  Federal Taxes  Public Health

State Legislatures  State lawmaking powers are vested in their legislatures  Every state (except one) has a two-house legislature  States pass laws with statewide impact  Education  Marriage and Divorce  Traffic  State Taxes  Powers/Duties of State Government Officials

State v. Federal Government  The power of the federal government to pass laws is limited  Congress cannot legislate unless given the power to do so in the United States Constitution  States have broader power to legislate  States have power to legislate in all those areas over which the national government was not granted power by the Constitution

State v. Federal Government  Federal laws can conflict with state laws  Unless Congress is legislating in an area delegated to the states, the federal laws will usually win  Example: Racial segregation in the 1960s  States wanted segregation, federal law won  Article IV of the Constitution – the supremacy clause  “the Constitution and the Laws of the United States…shall be the supreme law of the land”

Local Government  Local government pass laws known as ordinances or regulations  Local government issues include:  Land use  Parking  Schools  Regulation of local business  These laws apply only to a county, city, or town

Guidelines for Drafting Laws  When drafting laws, ask these questions to determine whether problems are likely to result  Is the law written in clear language?  Is the law understandable?  Does the law contradict any other laws?  Is the law enforceable?  Are the penalties for breaking the law clear and reasonable?

Drafting a Bill  Legislation is often drafted(written) and redrafted before it is introduced and discussed  Laws can be difficult to read, understand, or are unclear  The Case of the Unclear Law  Some legislatures attempt to write statutes in simple, clear English (not in legal language)  Legal language is too complex  Should be written so that a person of “ordinary intelligence” can understand what is expected

Agencies  Many laws are made by government agencies  Congress passed a law requiring safe work conditions in places of employment  Occupational Safety and Health Administration (OHSA)  This agency develops specific regulations:  Height of guardrails in factories  Number of fire exits  Types of safety equipment to be worn

Advocacy  Advocacy is the art of persuading others  Gather facts, excellent communication skills, plan  Determine what level of government is responsible for addressing the problem  High school students have become advocates for:  Violence Prevention  Homelessness  School Attendance and Uniform Policy

Lobbying  Lobbying is a way to influence the lawmaking process by convincing lawmakers to vote as you want them to  Lobbyists also use political contributions, ads, favors, letter-writing campaigns, and other techniques to influence legislation  Example:  The NRA (National Rifle Association) employs lobbyists to oppose restrictions on gun ownership