Lawmaking
Chapter 2 Notes
Who creates laws?

The laws that US citizens
are expected to obey
come from:

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Congress
State Legislatures
Administrative agencies
Administrative Agencies



Considered to be hidden
lawmakers, making rules and
regulations that affect
business and industry.
Agencies usually hold public
hearings before issuing
proposed regulations.
Example of a law created by
an agency- To get an original
social security card, a person
must present documents to
prove his or her age, US
citizenship or alien status,
and true identity.
Vague Laws


A law that is difficult to
interpret
Cannot be enforced


Ex. A law that makes it illegal
for people to gesture in a
way that makes people
uncomfortable.
Ex. A criminal violation of
loitering for an
unreasonable amount of
time.
Separation of Powers

Establishes the US
Constitution and federal
laws as the supreme law of
the land.
Political Values

Laws based on these reflect the relationship between
government and individuals.
Legislative Branch

Creates the laws
Congress

The lawmaking body of our federal government

Has power to pass statutes (laws) binding on the people of
every state.
Bills



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How laws are introduced into legislatures
Meant to respond to the needs of the citizens
Used to enact new laws or amend or repeal or old laws
Can be introduced by

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Legislators
Executive Branch
Individual Citizens
Citizens’ Groups
Businesses
Lobbyists
Courts
Executive Branch

Enforces the laws

President, Police, FBI, DEA,
etc
Judicial Branch


Makes laws through its
rulings when it interprets
the Constitution or the
meaning of law.
A judge who interprets
what the legislature means
is interpreting legislative
intent.
Ordinances

Laws or issue rules passed by local governments.

Ex. Smoking in restaurants
Precedent


Court-made law
Established by a court
when its decisions on legal
questions give direction to
future cases on similar
questions.
Supremacy Clause

Portion of the constitution
that states that anytime a
federal law conflicts with a
state law that the federal
law will be followed.


Granted by 10th
Amendment
Ex. Right to die
Keys to drafting effective laws



Write the law in a clear language.
Include the effective date of the law.
Make sure the law is enforceable and identifies who has
the authority to enforce it.
Appellate Courts

Higher courts that people who lose a trial can ask to
review and change the result of the trial.
International Treaties


An agreement or contract
between two countries.
Only binding to the US, if it
is signed by the president
and is ratified by at least
2/3 of the senate.

Along with the US
Constitution, is the supreme
law of the land.