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Published byTheodore Rudolph Stewart Modified over 9 years ago
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LAWMAKING Legislatures, Bills, and Agencies
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Who Makes Laws? The laws that we are expected to obey come from many different sources Legislatures make laws Voters can act directly as lawmakers Administrative agencies make many laws Laws are sometimes made by courts
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Legislatures The United States Constitution divides the power to make laws between federal & state governments Legislatures are the primary lawmaking bodies United States Congress – the federal legislature Senate & the House of Representatives Laws passed by Congress are binding in every state States may pass laws within their own border
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Congress The lawmaking authority of Congress is exercised through the passage of laws known as statutes Federal statutes deal with issues of national impact Environmental Quality National Defense Veteran’s Affairs Civil Rights Postal Services Federal Taxes Public Health
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State Legislatures State lawmaking powers are vested in their legislatures Every state (except one) has a two-house legislature States pass laws with statewide impact Education Marriage and Divorce Traffic State Taxes Powers/Duties of State Government Officials
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State v. Federal Government The power of the federal government to pass laws is limited Congress cannot legislate unless given the power to do so in the United States Constitution States have broader power to legislate States have power to legislate in all those areas over which the national government was not granted power by the Constitution
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State v. Federal Government Federal laws can conflict with state laws Unless Congress is legislating in an area delegated to the states, the federal laws will usually win Example: Racial segregation in the 1960s States wanted segregation, federal law won Article IV of the Constitution – the supremacy clause “the Constitution and the Laws of the United States…shall be the supreme law of the land”
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Local Government Local government pass laws known as ordinances or regulations Local government issues include: Land use Parking Schools Regulation of local business These laws apply only to a county, city, or town
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Guidelines for Drafting Laws When drafting laws, ask these questions to determine whether problems are likely to result Is the law written in clear language? Is the law understandable? Does the law contradict any other laws? Is the law enforceable? Are the penalties for breaking the law clear and reasonable?
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Drafting a Bill Legislation is often drafted(written) and redrafted before it is introduced and discussed Laws can be difficult to read, understand, or are unclear The Case of the Unclear Law Some legislatures attempt to write statutes in simple, clear English (not in legal language) Legal language is too complex Should be written so that a person of “ordinary intelligence” can understand what is expected
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Agencies Many laws are made by government agencies Congress passed a law requiring safe work conditions in places of employment Occupational Safety and Health Administration (OHSA) This agency develops specific regulations: Height of guardrails in factories Number of fire exits Types of safety equipment to be worn
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Advocacy Advocacy is the art of persuading others Gather facts, excellent communication skills, plan Determine what level of government is responsible for addressing the problem High school students have become advocates for: Violence Prevention Homelessness School Attendance and Uniform Policy
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Lobbying Lobbying is a way to influence the lawmaking process by convincing lawmakers to vote as you want them to Lobbyists also use political contributions, ads, favors, letter-writing campaigns, and other techniques to influence legislation Example: The NRA (National Rifle Association) employs lobbyists to oppose restrictions on gun ownership
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