The Principles behind Law
Civics & Economics – Unit 5 –
Lesson 1
Guiding Question
• What are the basic principles that drive the
legal system and legislation in the United
States?
We are Learning
• The major principles that drive our legal
system
Because
• Informed and effective citizens understand
the basic ideas behind laws and
government
At the end of this lesson I CAN
• Define the rule of law and explain why it is an important
concept for democratic governance.
• Define the concept of “equal protection under the law”
• Identify and explain the specific constitutional and legal
protections that provide equal protection to all citizens
• Define limited government
• Explain how a bill becomes a law in the US and NC
• Explain the role of the executive, legislative, and judicial
branches in the federal law making process.
• Explain procedural techniques for blocking legislation
• Identify and explain the constitutional and legal
protections against the abuse of power by the
government
The Rule of Law
• Definition: everyone must follow the law
• Importance: the rule of law protects the
rights of citizens and ensures against the
abuse of power by the government
Equal Protection Under The Law
• Definition: the right of all
persons to have the same
access to the law and courts,
and to be treated equally by the
law and courts, both in
procedures and in the substance
of the law.
• Constitution: 5th amendment
(due process), 14th amendment
(equal protection clause)
Limited Government
• The power of government is
limited to help protect the
rights of citizens
• Constitution only grants certain
powers to government
• Amendments and clauses help
protect rights of the people
• Checks & balances &
separation of powers help limit
the power of government
How a bill becomes a law - US
1. Bill is drafted & introduced
1.
2.
Can be introduced in Senate or House
Only house can introduce tax bills
2. If no objections, bill is sent to
committee
3. If ok with committee bill is brought to
the floor of where it was introduced
for debate
1.
2.
House is limited in time to debate
Senate has unlimited debate (filibuster)
How a bill becomes a law - US
4. Bill goes to the next chamber
1. If started in House it goes
to Senate
2. If started in Senate it goes
to House
5. Conference committee works
out differences in versions
between House & Senate
1. When agreement is worked
out it goes to both chambers
again for agreement
How a bill becomes a law - US
6. Goes to President
1. President can
sign into law or veto
2. Congress can
over-ride a veto with a
2/3rd vote in both
houses
How a bill becomes a law - NC
• Same process as US
except
– Governor signs or
vetoes instead of
President
– Requires a 3/5th vote
to override a veto
Role of Each Branch in
Lawmaking
• Legislative – makes
laws
• Executive –
enforces laws
• Judicial – interprets
laws and makes
sure they are
constitutional
How legislation is blocked
• Filibuster
– In Senate
– Senator can filibuster
(speak for an unlimited
amount of time to keep
a bill from being
introduced/debated)
– Cloture stops a
filibuster
Protections Against
Government Abuses of Power
• 8th Amendment – no cruel or
unusual punishment
• Separation of powers – limits
power of each branch
• 9th amendment – recognizes
that people have other rights
not listed in Constitution
• 10th amendment – recognizes
reserved powers of the states
Protections Against
Government Abuses of Power
• No ex post facto laws – can’t get
in trouble for breaking a law if
you did the action before it was a
law
• Writ of habeas corpus – people
arrested/detained must be
brought before the court to make
sure the detainment is
appropriate
• War Powers Resolution – limits
president’s power to commit the
US to military action without the
approval of Congress