Chapter 2

Chapter 2 – Part One Chapter Two deals with laws and the fact that laws come from many different sources. What is the most obvious place that our laws come from in the United States? That’s Right: The U.S. Congress!!! The U.S. Congress is made up of: The House of Reps (435 Members) The Senate (100 Members)

Chapter 2 – Part One Laws passed by the United States Congress makes laws called statutes that are binding to all people and states of America. Federal Statutes usually deal with issues that have a national impact such as: taxes the environment, public health, defense and agriculture. The Constitution lays out the areas in which the National Government can make laws. Those laws are the top laws of the land because of the Supremacy Clause.

Chapter 2 – Part One States also have a legislature that passes laws that have impact on that state including: education, traffic, marriage and crimes. Beyond Federal and State Laws, local governments also pass their own laws via groups like County Commissions and City Councils.

Chapter 2 – Part One - Activity When a law is passed it must be well written: The Town of Beutifica has established a lovely park. The city council wishes to preserve some elements of nature, undisturbed by the city noise, traffic pollution, and overcrowding. The park is a place where citizens can go and find grass, trees, flowers and quiet. In addition, there are playgrounds and picnic ares.

Chapter 2 – Part One - Activity When a law is passed it must be well written: The city council enacts a law requiring that at all the entrances to the park the following sign is to be posted: NO VEHICLES IN THE PARK Next, I will list eight situations, and for each one you must determine if the vehicle should be allowed in the park.

Chapter 2 – Part One - Activity 1. John Smith wants to save 10 minutes on his drive to work by cutting through the park. 2. The Sanitation Department wants to pick up trash by driving the a truck into the park. 3. An Ambulance is racing to the hospital and the shortest route is through the park. 4. Two Police cars are chasing a suspected bank robber, if one car cuts through the park it can trap the robber’s car.

Chapter 2 – Part One - Activity 5. Some children who visit the park want to ride their bikes. 6. Jane Thomas wants to take her baby to the park in a stroller. 7. A monument is being erected to the town’s citizens who died in Vietnam. The town wants to place a tank besides the monument. 8. Amul had both legs amputated and used an electric wheelchair. He wants to visit the park.

Chapter 2 – Part One - Activity Can You Write A Better Version of this Law?

Chapter 2 – Part One If a law is unclear, Judges have rules that they must follow when following. The first thing Judges must look at is what was the Legislative Intent, meaning “What did the law makers want the law to do?” If a word is up for debate, a judge must assume the words represents its everyday use. Finally, if a law is written too vaguely a judge cannot enforce the law.

Chapter 2 – Part Two The court system also can make laws in the United States. When a party is not happy with the result of a trial, they can appeal. When an Appellate Court (Appeals Court) makes a decision, a judge will write an opinion. The opinion sets a precedent that all lower courts must follow.

Chapter 2 – Part Three The final group of law makers in the United States are Federal and State Agencies. These groups are authorized by Congress or state legislatures, to make laws more specific. For instance one of the agencies, The Occupational Safety and Health Administration, (OSHA) creates rules on safety such as how high guard rails must be in a factory or how many fire extinguishers a school must have.

Chapter 2 – Part Three