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Published byMelina Wilkerson Modified over 8 years ago
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Lawmaking
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By the end of class, students will be able to: Describe the role of the legislative branch of government. Distinguish among the types of laws typically made at local, state, and federal levels of government. Identify and explain the Supremacy Clause of the Constitution.
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The federal government has a legislative branch is made up of two houses - Senate, House of Representatives When a law is introduced in either house it is called a bill Congress has the power to pass laws that are binding on people in every state Congress passes federal laws that are called statutes Federal statutes deal with things such as national defense, taxes, civil rights, postal services, economic development etc.
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Local Laws are called Ordinances. Ordinances include: land use, parking, schools, and regulation of local businesses States have the power to pass laws that apply within their boundaries State laws include: education, transportation, state taxes, marriage and divorce, and most criminal laws. 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
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If two laws conflict between the federal government and the state government, the federal government law will be followed. The Supremacy clause states that the Constitution and federal laws are “The Supreme Law of the Land”. In other words, no law can ever be passed that goes against the U.S. Constitution.
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Legislative Intent defined: What the lawmakers who passed a law wanted the law to mean. If the language of a statute is unclear, judges will often look at the legislative intent to help them interpret the law.
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First complete activity 2.2 on your own. Make sure you have reasons to support your answers Secondly, get into groups of 2 and 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
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Legislation is often drafted and re-drafted 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
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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
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Drafting a Law Simulation Separate and complete Problem 2.3 on your own First thing tomorrow get into groups of four and share your answers. After this we will debate your answers and come to a conclusion
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Legislative bodies deal with problems in a general way Administrative agencies develop rules & regs to be more specific EX: OSHA, EPA, DOT Agencies with greatest impact are at the state & local level EX: school board, zoning commission
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What might the agencies discuss or determine for you? Public hearings are held because…. Businesses or individuals to express opinion on issue
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LET’S TAKE A LOOK AT THE HANDOUT!!!!
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DDescribe court cases/shows you’ve seen on T.V. TThey were trials IIf you lose you can ask a higher court to review and change the result CCalled Appeals or Appellate Courts VVerdict of Appeal sets a precedent LLower courts must follow this CCan you give me an example?
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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
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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
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Formed in 1945 Headquartered in New York City 200 member countries Maintains system of International Courts Most important institution for international law Member countries agree to abide by rules of the U.N.
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