1. Chapter 2
Lawmaking

2. Legislatures The federal legislative branch is Congress
Made of 2 Houses
Senate & House of Representatives
- Senate = 2 per state
- House = based on population

3. Bill – name for a law introduced in either house (not passed yet)
US Congress has the power to pass laws that are binding on people in every state
Congress passes federal laws that are called statutes
Binding in every state
Issues of National Impact
Examples: national defense, taxes, civil rights, postal services, economic development etc.

4. States
States have the power to pass laws that apply within their boundaries. Ex: you must wear a motorcycle helmet in NY, not so in SC
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
Federal laws are binding in every state

5. Local
In addition to the US Congress and state legislatures, cities, towns, and counties have lawmaking bodies.
These are called county or city councils, boards of alderman, local boards of education, or other names.
Laws passed by local governments apply only to a county, city, or town.
The local lawmaking body has been given the power to enact ordinances by the state. Many of the laws most important to us in our daily lives are passed by local governments

6. Hierarchy of Legislatures
Congress
State Legislature
Citiy and Town Councils

7. Supremacy Clause
If two laws conflict between the federal government and the state government, the federal government law will be followed.
Federal trumps state every time
The supremacy clause states that the Constitution and federal laws are “The Supreme Law of the Land”.

8. Legislative Intent
After a bill becomes a law, the people must obey it.
Sometimes, though, the language of a law is open to differing interpretations.
It is not always easy to know exactly what a law prohibits or allows.
Can you think of a time in your life that would be similar to what has been described above?
Disputes over what a law means frequently end up in court.
Legislative intent - judges must determine what the writer of the law intended when it was written

9. How do you interpret these statements?
Son, I’ll hold the nail, you hold the hammer. When I nod, you hit it.

10. How do you interpret these statements?
Anyone leaving their garments here for more than 30 days will be disposed of.

11. How do you interpret these statements?
Toilet out of order, please use floor below.

12. How do you interpret these statements?
Automatic washing machines: Please remove all of your clothes when the lights go out.

13. How do you interpret these statements?
And for the grand finale, A sign found outside a local golf course states, “Anyone found collecting golf balls on this course will be prosecuted and have their balls removed”

14. Despite these efforts, many laws are difficult to read and understand.
When this occurs, one of the basic purpose of law—letting citizens know what conduct is expected of them—is lost.

15. No Vehicles allowed in the park
First complete activity 2.2 on your own.
The Case of… The Unclear Law
Rewrite the law to make it more clear
Make sure you have reasons to support your answers (p. 22)
Second:
get into groups of 2
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

16. Just a bill with ambition.
Dolla Bills

17. Drafting a Bill
Legislation is often drafted and re-drafted. Why draft & redraft?
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

18. Drafting a Bill Cont…… 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

19. Law In Action
Drafting a Law Simulation – choose a partner (2-3 per group)
Your job is to create a new “law” for FDHS
Use the problem on page 23 (#2.3) as a guide
A. Identify the problem
B. What is your intent in drafting this new law
C. Details of the law (Does it follow the guidelines for drafting a law?)
D. Explain what would happen at meeting if this law was proposed to the school
Who would support it, who would oppose it and why?
Explain possible problems and solutions (at least 1)
Use construction/white paper (provided) to display your law
Write the Law at the Top, Provide an illustration
Discuss/Share with the class
Turn in both with all names of participants on the sheet and back of the law display

20. Present laws
Present your laws from yesterday

21. Lawmaking Alternatives
Agencies
Courts
International UN

22. Agencies Legislative bodies deal with problems in a general way
Administrative agencies develop specific rules & regulations
EX: OSHA, EPA, DOT

23. Agencies Cont….
Agencies with greatest impact are at the state & local level
EX: school board, zoning commission
What might the agencies discuss or determine for you?
Public hearings are held because….
Businesses or individuals to express opinion on issue

24. COURTS
Describe court cases/shows you’ve seen on T.V.
They were trials
If you lose you can ask a higher court to review and change the result
Called Appeals or Appellate Courts
Verdict of Appeal sets a precedent
Lower courts must follow this
This is how it becomes a non-legislative law

25. International Lawmaking
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

26. International Lawmaking Cont….
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

27. UNITED NATIONS Formed in 1945 Headquartered in New York City
194 member countries
Maintains system of International Courts
Most important institution for international law
Member countries agree to abide by rules of the U.N.

28. Bell Ringer Monday 8/29
Please take out your notes and take a few minutes to study for your quiz.
I will be coming around to check your vocab.

29. Bell Ringer Tuesday 8/30
Please take out your notes and take a few minutes to study for your quiz.
I will be coming around to check your vocab.

30. Bell Ringer Wednesday 8/31
In your own words, write down why the supremacy clause is important.

31. Bell Ringer Thursday 9/1
Be prepared to discuss the following: Why is it important for laws to be clearly written?

32. Bell Ringer Friday 9/2
Write five sentences about what you will be doing this weekend. I will be collecting it

33. Word Bank Checks and balances Veto Limited Government
Federal Statutes
Ordinances
Supremacy Clause
Bills
Legislative Intent
Public Hearings
Appellate Court
Precedent
Treaty
Extradition
Prosecutor
Limited Government
Federalism
House of Representatives
Senate
Checks and balances
Veto
Limited Government
Separation of power
Felony
Misdemeanor
Civil Laws
Defendant
Plaintiff
Civil Action
Human Rights
Bill of Rights
Judicial Review

34. Word Bank