WHERE OUR LAWS COME FROM
Laws in the United States come from two sources: through rules written by legislatures, and through decisions made by judges.
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Laws Made by Legislatures
When a problem arises, citizens turn to the legislative branch for solutions. If it is a local problem, such as too much litter, then the town or city council may pass a law increasing the fine for littering. If it is a state problem, like people being injured in motorcycle accidents, the state legislature may pass a law requiring helmets. If it is a national problem such as inflation, Congress may respond by increasing Social
Security payments to the elderly.
All of these are statutes , written laws passed by legislatures.
Laws tend to be guided by the morals, values, beliefs and customs shared by most people in the society. Laws passed by Congress reflect basic values shared by most
Americans. States may pass their own laws reflecting the needs, interests and values of their citizens, which may not be the same as people living elsewhere.
Today, some states allow same-‐sex marriage while others do not. Some states have recently passed laws legalizing medical marijuana. Most states allow gambling in
some forms, but some do not.
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Other Effects on Law
Judges’ decisions must be followed. These rulings clarify laws and attempt to follow established precedents (previous court decisions). The practice of following court rulings, and having government agencies enforce those decisions, is an old tradition started in England called common law . Through
the practice of common law, court rulings are usually in keeping with society’s long-‐held beliefs and customs.
Regulations by Government Agencies also carry the weight of law. Congress passes laws and then gives responsibility for enforcing those laws to appropriate government agencies. For example, the Department of Agriculture is responsible for enforcing laws requiring school cafeterias to provide healthy lunches. The Environmental Protection Agency (EPA) is responsible for setting emissions standards on cars to ensure that we have clean(-‐ish) air to breathe.
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How Laws Are Organized
Legal Codes : To help keep track of laws, lawmakers have organized them into legal codes. A legal code is a written collection of laws, organized by subject.
For example, traffic laws are collected under the motor vehicle code, while education policies are organized under the state education code. Legal codes have a long history, going back to the ancient Babylonian king Hammurabi (the
Code of Hammurabi contained almost 300 laws, carved on stone tablets, and was the first known collection of laws in human history).
Constitutions : The US Constitution and the various state constitutions are also collections of laws, mostly dealing with government itself. Constitutions tell how laws can be made, and what sorts of laws government can and cannot make.
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Changing The Law
Laws can be amended or abolished by new laws. If citizens don’t like the laws that a legislature passes, they can elect new representatives to change the laws. Laws are often changed because of changing beliefs, values, or customs. For example, slavery and segregation are no longer legal while they were once widely accepted. Many different groups within society have gained rights as the American people have
changed their attitudes towards them.
Those laws that last are those that are seen as fair, reasonable, and understandable by a majority of the people they affect.