1. Forensics October 28, 2013 6.1 Legislative Intent
The meaning of law
Forensics October 28, 2013
6.1 Legislative Intent

2. Objectives: SWBAT Define the concept of legislative intent
Analyze the issues with legislative intent through simulation

3. The legislatures In the United States
The Congress
Federal lawmaking powers
State legislatures
Localities
Within localities there can be other governmental organizations that pass their own forms of law
Congress’ powers come in the expressed and implied powers given in the Constitution

4. Statutory Interpretation
Laws are largely written in general terms, especially state laws, it is up to judges to interpret Mala Prohibita
Rules of statutory interpretation
Plain meaning
The words of the law as written
The court did not write the law and must follow the letter of the law as closely as possible
There will be disagreements over this – this has led to Cannons of Construction

5. Cannons of Construction
The crime must be strictly defined
Originated in British Common Law
The statute has to act as a “fair warning” to the people
Void of vagueness
Implied Exception
There are certain situations where the letter of the law simply can not be followed
Common sense approach

6. Drafting the law..
AS Halloween approaches we will be having a costume contest here at Poly.
Working with your neighbor, draft the “legislation” for the rules of the costume contest –
Remember what the rules of the school are, and the laws of the city school system
Remember the following things:
The law must be written clearly
The law must be understandable to all
It cannot contradict any other laws
It has to be enforceable
There have to be clear consequences