What would the world be
like if there were no laws?
Law Defined
Law: the rules and regulations
made and enforced by the
government that regulate the
conduct of people within a
society
The Rule of Law
• Without laws, there would probably be mass confusion
and disorder
• The most peaceful and prosperous societies tend to have a
strong respect for the “rule of law”
• In countries governed by the rule of law,
• everyone, including government officials, is expected to
obey the law and is held accountable if they don’t
• laws are clear, stable, and fair; are applied evenly; and
protect individual rights
• the process by which the laws are enacted and enforced
is fair and efficient, AND
• justice is delivered in a timely fashion by competent,
ethical, and independent officials
Law and Values
• The legal system is strongly influenced by
society’s ideas of right and wrong
• E.g. murder is both illegal and immoral
• But not everything that is immoral is illegal, and
vice versa
Purposes of Law
• Maintain order
• Resolve disputes
• Protect rights
Warm Up:
Complete the “Apathetic
Bystanders” worksheet (on cart
by door). When finished,
discuss your answers with your
tablemate.
Types of Laws
Two main categories:
Criminal Law
Civil Law
Criminal Law
• Criminal Laws – regulate public conduct and establish
duties that individuals owe to society
• Only government can bring a criminal case against a
person charged with a crime
• Criminal laws have penalties – fines, imprisonment,
probation, etc.
Civil Law
• Civil Laws – regulate relations between individuals
• A civil action is a lawsuit brought by someone who
feels wronged by another person or group
• Courts may order the person who committed the wrong
to pay the injured person, or make amends in some
other way
Overlap
• Sometimes, actions can violate civil AND criminal laws,
resulting in two separate court cases
• O.J. Simpson
• Won Criminal Case
• Lost Civil Case
Burden of Proof
• To convict a defendant (the person being sued or
accused of a crime), the prosecutor (the attorney
for the government who conducts a criminal case)
must prove beyond a reasonable doubt that the
defendant committed the crime
• To a win a civil case, a plaintiff (the person
bringing the lawsuit) must show that the defendant
was wrong by a preponderance of the evidence
• In other words, the judge (or jury) only has to
determine that it is more likely than not that that
the defendant was wrong for the plaintiff to win
Where Do Laws Come From?
• In the United States, the
Constitution is the ultimate source
of law
• The Constitution…
• lays out the basic framework of
our government
• lists the federal government’s
powers
• places limits on those powers
• lists individual rights that can’t be
taken away by the government
The Constitution
• The fundamental principle of the Constitution is limited
government
• The Constitution only gives the federal government authority
to pass laws in the areas listed in Article I
• The doctrine of separation of powers helps achieve the
fundamental principle
• The legislative branch (Congress) passes laws, called
statutes
• The executive branch (the president and federal agencies)
enforces the law
• The judicial branch (the court system) clarifies the law by
applying it to specific cases
The Constitutional Framework
• Each branch of government has the power to restrain the other
branches through a system of checks and balances
• For example…
• Congress can investigate federal agencies
• Congressmen can be prosecuted in court for breaking the law
• The president can veto, or refuse to approve, laws passed by
Congress
Judicial Review
• The most import check is the courts’ power of
judicial review
• This power allows a court to declare any law
unenforceable if it violates the Constitution
• A court can declare a law unconstitutional if
1) it falls outside of the government’s express
powers, OR
2) it violates someone’s rights
Federalism
• The Constitution also divides power between the states
and the federal government – this is called federalism
• Federal government’s powers are listed in the Constitution,
while everything else is left to the states
• Most civil and criminal laws are passed by state and local
governments; there are many differences in laws between
states
• For example:
• In Arizona, you can get a learner’s permit when you
turn 15 ½ and a full driver’s license at 16
• In South Dakota, you can get a permit at 14, and a full
license at 14 and 3 months.
The Bill of Rights
• Limited government is also displayed in the Bill of
Rights, the first 10 Amendments to the Constitution
• The Bill of Rights defines the fundamental rights of all
Americans, including:
• Freedom of religion, speech, and press
• Freedom from unreasonable searches and seizures
• Freedom to own muskets
• Courts have ruled that most provisions of the
Bill of Rights also limit the powers of state and local
governments, not just the federal government
Warm Up:
Pick up “Matt and Kenji”
worksheet from cart and
complete on your own
Review
1.What are the two main types of law?
2.Why is it (usually) harder for the government to win a
criminal case against a defendant than it is for a private
citizen to win a civil case against the same defendant for the
same wrongdoing?
3.What is the ultimate source of law in the United States?
4.What are the three branches of government?
5.What is one way the executive branch can restrain the power
of the legislative branch?
6.What’s one way the judicial branch can check the power of
the executive branch?
7.What is federalism?
8. Can the Constitution be changed?
Changing the Constitution
A proposed amendment to the Constitution may be
approved:
1) by a two-thirds vote of each house of Congress (Senate
and House of Representatives), OR
2) at a constitutional convention called by two thirds of the
states
In either case, the amendment then must be approved by
the legislatures of three fourths of the states
With your tablemate…
Take 3 minutes to examine the following situations and decide whether each
case involves the principles of separation of powers, checks and balances, judicial
review, and/or federalism.
a. A state passes a law requiring a prayer at the beginning of each day in all public
schools. The courts rule that the law violates the First Amendment's establishment
of religion clause.
b. An official in the U.S. Department of Housing and Urban Development is accused
of receiving kickbacks of money for making contracts with certain private
corporations. She is required to testify before a congressional committee about this
and is prosecuted in court.
c. The U.S. Congress passes a law that restricts imports of all handguns from other
countries. The legislature in Nebraska allows the sale of handguns to anyone over
age 18.
Lawmaking
• At both the federal and state levels, legislatures are the
primary lawmaking bodies
• The U.S. Congress, the federal legislature, is made up of two
houses:
1. The Senate
• 100 members
• 2 from each state
2. The House
• 435 members
• number per state based on population
• Congress can pass laws that apply to people in every state
• State legislatures can only pass laws that apply to people
within their borders
Lawmaking
• Congress can’t legislate unless given the power to do so in
the Constitution
• Some of the enumerated powers include:
• Regulating trade with foreign countries and between
states
• Declaring war
• Printing money
• Issuing patents
• States have broader power: they can legislate in any area
not granted to the federal government
• e.g. Texas can’t print its own money or declare war
against Mexico, but it can set the sentencing guidelines
for crimes committed within its borders
Local Governments
• Cities, towns and counties also have lawmaking bodies
• e.g. town councils, boards of aldermen, boards of
education
• Local governments pass laws called ordinances
• Issues typically regulated by local governments include land
use, parking, schools, and regulation of local businesses
• Local governments receive their power from the state
government
Conflicts of Law
• Federal law trumps any conflicting state or local laws
• E.g. in the 1960s, federal anti-segregation laws conflicted
with separate accommodation laws in the South.
• The courts ruled the state laws invalid based on Article VI of
the Constitution, the supremacy clause, which states that
“the Constitution and the Laws of the United States…shall be
the supreme law of the land.”
Passing New Laws
• Legislatures respond to constituents’ needs by introducing
new laws in the form of bills
• Bills are used to enact new laws or to change or repeal
existing laws
• A bill passed by the legislature and not vetoed by the
executive branch becomes a law
Executive Orders
• In limited cases, the President can issue an
executive order – an order to a federal agency
which has the full force of law
• No Congressional approval required!
• Can be challenged and ruled unconstitutional
• Some notable examples:
• Lincoln - The Emancipation Proclamation
• FDR – internment of Japanese-Americans during
World War II
• Obama – order to ICE not to deport certain
immigrants
Schoolhouse Rock!