Chapter 2
Lawmaking
Legislatures
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The federal government has a legislative branch is made
up of two houses - Senate, House of Representatives
When a law is introduced in either house it is called a bill
Congress has the power to pass laws that are binding on
people in every state
Congress passes federal laws that are called statutes
Federal statutes deal with things such as national defense,
taxes, civil rights, postal services, economic development
etc.
States
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States have the power to pass laws that
apply within their boundaries
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
Supremacy Clause
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If two laws conflict between the federal
government and the state government, the federal
government law will be followed.
The supremacy clause states that the Constitution
and federal laws are “The Supreme Law of the
Land”.
Legislative intent - judges must determine what
the writer of the law intended when it was written
Problem 2.1
No Vehicles allowed in the park
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First complete activity 2.2 on your own.
Make sure you have reasons to support
your answers
Secondly, get into groups of 2 and 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
Drafting a Bill
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Legislation is often drafted and re-drafted
Questions to ask when drafting laws or rules
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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
Drafting a Bill Cont……
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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
Agencies
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Legislative bodies deal with problems in a
general way
Administrative agencies develop rules & regs
to be more specific
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EX: OSHA, EPA, DOT
Agencies with greatest impact are at the
state & local level
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EX: school board, zoning commission
Agencies Cont….
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What might the agencies discuss or
determine for you?
Public hearings are held because….
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Businesses or individuals to express opinion on
issue
COURTS
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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
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Verdict of Appeal sets a precedent
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Called Appeals or Appellate Courts
Lower courts must follow this
Can you give me an example?
International Lawmaking
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Applies to conduct of Countries
Often made through a TREATY
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What is a treaty?
Treaties regulate
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Money among countries
Refugees crossing national borders
The environment
International Lawmaking Cont….
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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
UNITED NATIONS
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Formed in 1945
Headquartered in New York City
200 member countries
Maintains system of International Courts
Most important institution for international
law
Member countries agree to abide by rules of
the U.N.