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Chapter 2

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Chapter 2. Lawmaking. Key Terms. Statutes Appellate Courts Supremacy Clause Precedent Bills Tribal Council Ordinance Agency. Treaty Legislative Intent Public Hearings Trials Appeals Drafting Extradition. Legislatures. Legislatures make laws

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Chapter 2

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  1. Chapter 2 Lawmaking

  2. Key Terms • Statutes • Appellate Courts • Supremacy Clause • Precedent • Bills • Tribal Council • Ordinance • Agency • Treaty • Legislative Intent • Public Hearings • Trials • Appeals • Drafting • Extradition

  3. Legislatures • Legislatures make laws • Lawmakers – voters, administrative agencies, or courts • Federal and State (primary lawmaking bodies) • U.S. Congress (Federal legislature) • Bi-cameral -having two separate and distinct lawmaking assemblies • House of Representative • Based on each state’s population • 435 Representatives • Senate • Two per State • 100 Senators

  4. Who knows? • Who are U.S. Senators for Florida? • Bill Nelson - D • Marco Rubio - R • Why is September 17th an important day to remember? • Constitution Day • 225th Anniversary of the signing of The United States Constitution • Adopted on 1787

  5. Legislatures • Make laws- Statutes • Federal power to make laws - limited • States- Broader powers • Sometimes federal laws conflict with state laws, courts will follow federal law • Supremacy Clause- Article VI of the Constitution • Constitution is Highest Law of the land • Local Governments also pass laws called ordinances / regulations.

  6. Legislatures • Page 21 – Problem 2.1 - Federal, state, and/or local laws • Local ordinance • State law • State and federal laws • Local ordinance • Employment discrimination is prohibited by Federal law (Title VII of the Civil rights Act of 1964), some state laws, and some local ordinances. • Federal statutes and federal constitutional law.

  7. Legislatures BILLS • Bills- Intended Laws • Bills are used to enact new laws or amend / repeal old laws • Introduced in Congress • Ideas for Bills come from many sources • Becomes Law- passed and signed by Executive Branch • Legislative intent • Language open to interpretation • Judge decides intent

  8. Legislatures – Drafting a Bill • When drafting laws or rules, ask these questions: • 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? • Judges must follow certain rules in deciding what a statute means. • Will not enforce laws that are vague • If there is doubt of the meaning of the word in a criminal statute, word interpreted against the government.

  9. Law in Action • Drafting a Law Simulation – pg. 23 Problem 2.3 • Get into groups of 5 – answer a. – e.

  10. Agencies • Enforcement and Regulation • Hidden Lawmakers • Examples • OSHA – health and safety on the job • EPA – national standards to protect human health and safeguard national environment; pollution, energy conservation. • Homeland Security – prevent, protect, respond to terrorism • DOT / TSA – protects transportation system • FDA • Public Hearings • Proposed regulations by federal gov’t published in the Federal Register

  11. Courts • Trials- Guilt or innocence • Appeals/Appellate Courts • Higher Court Review • Precedent • All lower courts must follow written opinion

  12. International Lawmaking • Treaty- Agreement between countries • Extradition: The process in which one country asks another to surrender a suspected or convicted criminal • European Union- EU 1950 • United Nations- UN formed in 1945 • World Trade Organization- WTO • And others

  13. Review • Know Key Terms • Identity the roles of federal, state, and local legislature in making laws. • Distinguish among laws made at local, state, and federal levels of government • Purpose of Supremacy clause of the Constitution. • 2 rules judges follow when determining legislative intent

  14. Review – cont. • Know the 6 guidelines for drafting laws • How are agencies involved in lawmaking process. • How the decisions of appellate courts can have the force of the laws • What types of activities typically regulated by treaties. • Who in the US must approve a treaty before it becomes law who ratifies it. Study for TEST – Chapter 1 and 2 next week.

  15. End of Chapter 2

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