CHAPTER 2 Lawmaking

Key Terms Statutes Appellate Courts Supremacy Clause Precedent Bills Tribal Council Ordinance Agency Treaty Legislative Intent Public Hearings Trials Appeals Drafting Extradition

Legislatures Legislatures make laws Lawmakers – voters, administrative agencies, or courts Federal and State (primary lawmaking bodies) U.S. Congress (Federal legislature)  Bi-cameral - having two separate and distinct lawmaking assemblies  House of Representative Based on each state’s population 435 Representatives  Senate Two per State 100 Senators

Who knows? Who are U.S. Senators for Florida?  Bill Nelson - D  Marco Rubio - R Why is September 17 th an important day to remember?  Constitution Day  225th Anniversary of the signing of The United States Constitution  Adopted on 1787

Legislatures Make laws- Statutes Federal power to make laws - limited States- Broader powers Sometimes federal laws conflict with state laws, courts will follow federal law  Supremacy Clause- Article VI of the Constitution  Constitution is Highest Law of the land Local Governments also pass laws called ordinances / regulations.

Legislatures  Page 21 – Problem Federal, state, and/or local laws a. Local ordinance b. State law c. State and federal laws d. Local ordinance e. Employment discrimination is prohibited by Federal law (Title VII of the Civil rights Act of 1964), some state laws, and some local ordinances. f. Federal statutes and federal constitutional law.

Legislatures BILLS Bills- Intended Laws  Bills are used to enact new laws or amend / repeal old laws Introduced in Congress Ideas for Bills come from many sources Becomes Law- passed and signed by Executive Branch Legislative intent Language open to interpretation Judge decides intent

Legislatures – Drafting a Bill When drafting laws or rules, ask these questions:  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? Judges must follow certain rules in deciding what a statute means. 1. Will not enforce laws that are vague 2. If there is doubt of the meaning of the word in a criminal statute, word interpreted against the government.

Law in Action Drafting a Law Simulation – pg. 23 Problem 2.3  Get into groups of 5 – answer a. – e.

Agencies Enforcement and Regulation Hidden Lawmakers Examples  OSHA – health and safety on the job  EPA – national standards to protect human health and safeguard national environment; pollution, energy conservation.  Homeland Security – prevent, protect, respond to terrorism  DOT / TSA – protects transportation system  FDA  Public Hearings Proposed regulations by federal gov’t published in the Federal Register

Courts Trials- Guilt or innocence Appeals/Appellate Courts  Higher Court Review Precedent  All lower courts must follow written opinion

International Lawmaking Treaty- Agreement between countries Extradition: The process in which one country asks another to surrender a suspected or convicted criminal European Union- EU 1950 United Nations- UN formed in 1945  World Trade Organization- WTO  And others

Review Know Key Terms Identity the roles of federal, state, and local legislature in making laws. Distinguish among laws made at local, state, and federal levels of government Purpose of Supremacy clause of the Constitution. 2 rules judges follow when determining legislative intent

Review – cont. Know the 6 guidelines for drafting laws How are agencies involved in lawmaking process. How the decisions of appellate courts can have the force of the laws What types of activities typically regulated by treaties. Who in the US must approve a treaty before it becomes law who ratifies it. Study for TEST – Chapter 1 and 2 next week.

END OF CHAPTER 2