LEgislatures

1. The legislative branch of the United States government is known as Congress. The United States Congress is bicameral in nature. This means that there are two lawmaking groups, or assemblies. These assemblies are the House of Representatives and the Senate. A member of the House of Representatives is called a congressman or congresswoman. A member of the Senate is called a senator. The House of Representatives has proportional representation—each state has voting power in accordance with the size of its population. In the Senate, a fixed number of representatives (currently 2) for each state is allowed, regardless of the size of the state. In the U.S. House of Representatives, the state of Maine has 2 representatives and the state of California has 53 representatives. Does this make sense to you? Why or why not? Write two or three sentences for your answer.

2. LEgislatures Democracy & Lawmaking

3. Legislature(n.) • The body of a country or state that has the power to make laws • U.S. Constitution divides power to make laws between federal gov’t & state gov’ts

4. Composition of Congress • Congress has two houses (bicameral legislature): • The House of Representatives • The Senate • For a bill to become law, it must pass BOTH houses • Main job of Congress  MAKE LAWS!

5. U.S. Congress • House of Representatives • 435 Representatives • Proportional Representation • Each state represented according to size of population • Senate • 100 Members • Equal Representation • Two per state • Laws passed by Congress apply to ALL states. • Laws passed by state legislatures only apply within their boundaries.

6. 235 Democrats 199 Republicans

7. 45 Democrats 53 Republicans

8. Lawmaking • Congress passes laws known as statutes • Statutes deal with issues of national importance • Environmental quality • National Defense • Homeland Security • Labor Relations • Veterans Affairs • Etc. • State lawmakers typically meet on an annual basis • Laws deal with statewide impacts • Education • Transportation • Traffic • State Taxes • Marriage & Divorce • Criminal Laws • Etc.

9. Marble or Layered?

10. City Governments • Cities, towns, & counties also have lawmaking bodies • County or city councils • Boards of aldermen • Local boards of education • Local gov’ts pass laws known as ordinances or regulations • Land use • Parking • Schools • Regulation of local business • Only apply to county, city, or town

11. Supremacy Clause • Federal laws sometimes come into conflict with state & local laws • 1960s: federal laws against racial segregation conflicted with state laws requiring separate accommodations for African-Americans & whites • Today: Federal marijuana laws vs. Washington & Colorado marijuana laws • In these instances, courts rule state laws invalid, based on Article VI of the Constitution • “The Supremacy Clause”

12. Supremacy Clause • “…the Constitution and the Laws of the United States… shall be the supreme law of the land.” • Does not apply to laws about topics that are the proper focus of the states • Education

13. Bills • Legislatures try to respond to needs of citizens by introducing legislation in form of a bill, or a proposed law. • Bills passed by the legislature become law.

14. Drafting a Bill • Legislation is often drafted and redrafted before being introduced and discussed by legislative body • Despite these efforts, laws are sometimes difficult to read and understand • When misunderstandings occur, one of the basic purposes of law—letting people know what conduct is expected of them—is lost.

15. Guidelines for Drafting Laws • 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? • Is the law specific about what is prohibited?