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Basis of Laws

Brainstorm a list of 10 things you do EVERY DAY. Basis of Laws. Law and Justice. Choose 5 from your list and complete this table:. Spring 2014 – 4 th period. Spring 2014 – 3 rd pd. Laws. Formal system of rules/guidelines that govern behavior. Keep peace Prevent violence

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Basis of Laws

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  1. Brainstorm a list of 10 things you do EVERY DAY. Basis of Laws Law and Justice

  2. Choose 5 from your list and complete this table:

  3. Spring 2014 – 4th period

  4. Spring 2014 – 3rd pd

  5. Laws • Formal system of rules/guidelines that govern behavior. • Keep peace • Prevent violence • Set rules for resolving noncriminal acts • Set punishments (sanctions) • Administration of justice via law enforcement agencies and courts

  6. Where do our laws come from? • Hammurabi’s Code (1760 BCE) • 1st known written code of laws • Very harsh penalties – “an eye for an eye” • Stuff You Missed in History Class– Hammurabi’s Code • Write your responses (no complete sentences needed) • What was the purpose of placing the code in a public place? • Why do historians think that Hammurabi’s code was supplemental to another code of laws/legal system? • Why is evidence so imperative for accusations? • What were the 2 ways “justice” was executed? • What does lextalionis mean?

  7. Where do our laws come from? • Ten Commandments (1300 BCE) • Hebrew Bible • Freedom of religion • Morality reflects many religious teachings • Morality influences laws

  8. Pick 2 commandments and provide evidence for their influence on current laws: • I. Thou shalt have no other gods before me. • II. Thou shalt not make unto thee any graven image. • III. Thou shalt not take the name of the Lord thy God in vain. • IV. Remember the Sabbath day, keep it holy. • V. Honor thy father and thy mother. • VI. Thou shalt not kill. • VII. Thou shalt not commit adultery. • VIII. Thou shalt not steal. • IX. Thou shalt not bear false witness against thy neighbor. • X. Thou shalt not covet (to feel desire for what others have).

  9. Where do our laws come from? • Draco’s Code (621 CE) • Ancient Greece • VERY harsh, said to be written in “blood,” death was a common punishment • “draconian” – excessively harsh/severe • Justinian Code (533 CE) • Ancient Rome • Organized previously confusing Roman law • Adopted by Catholic Church (canon law)

  10. Where do our laws come from? • English Law • “common law” – law based on court decisions rather than legal code (uses precedents and past decisions) • Included basic principles of current law (trial by jury, innocent until proven guilty) • Influenced American law Plaque in Jamestown, VA

  11. Where do our laws come from? • US Constitution (1788) • Outlines the duties and limitations of the branches of gov’t

  12. Where do our laws come from? • US Bill of Rights (1791) • Outlines individual/state freedoms and rights

  13. Civics Vocabulary • Legislative branch of US gov’t – makes laws • Congress – Senate and House of Representatives • Bill – a proposed law. • Legislation – a statute; a law that has been passed by a legislature • Legislature – a body of officials that write bills and pass bills into laws. • Federal Congress • North Carolina General Assembly • Legislator – a member of a legislature (a lawmaker)

  14. Town of Apex Ordinances

  15. Supremacy Clause • US Constitution, federal statutes, and US treaties are the “highest law in the land.” • If a state law or constitution contradicts a constitutional federal law, state judges are required to uphold the federal law. • For example, the Affordable Care Act is a federal statute. Therefore, states cannot pass laws that affect the ability to carry out and enforce the law, such as a $500 fine for any persons signing up on the health care exchange. • HOT DEBATE: What about the 10th Amendment and states’ rights?

  16. Judicial Review • The power of the Supreme Court to ultimately decide constitutionality of federal legislation/laws. • Issues surrounding the Supremacy Clause and 10th Amendment are often decided by the Supreme Court using the power of judicial review. • For example, some states claimed the 2010 ACA was unconstitutional because it infringed on state and individual rights. In 2012 with a 5-4 decision, the Supreme Court upheld the constitutionality of the law. The Constitution, the Articles, and Federalism: Crash Course (13 min)

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