Lawmaking

1. Lawmaking Legislatures Agencies Courts International Law

2. Legislatures • The prime lawmaking bodies • The constitutions of both state and federal governments empowered the Legislative branch with the power to write laws within the areas they have power • We elect representatives to be create laws for us • Federal (bicameral) • House of Representatives • Senate • State (bicameral – except Nebraska) • Supremacy Clause –“the Constitution and the Laws of the United States . . . . Shall be the supreme law of the land.”

3. Legislatures • Open your books to page 19 • Read pages 19-21 • Write down 5 pieces of information about legislatures

4. ??? State or Federal ??? • Decide whether each of the following laws is federal, state and/or local. • No parking on the east side of Main Street between 4 and 6 pm • All persons between the ages of 6 and 16 must attend school • Whoever enters a bank for the purposes of taking by force or violence the property or money in custody of such bank shall be fined not more than $5000 or imprisoned not more than 20 years or both • In order to sell any product on public streets, the seller must first apply for and receive a vendor’s permit • No employer of more than 15 persons may discriminate on the basis of race, color, religion, sex, or national origin • All persons traveling on interstate airline carriers are subject to search before entering the airplane departure area • Give one other example of a federal, a state, and a local law.

5. The Unclear Law (p. 22) • The law seems clear, but some disputes have arisen over its interpretation. Interpret the law in the following cases, keeping in mind what the saw says (letter of the law) as well as the legislative intent (what they meant it to accomplish). • Tony lived on one side of the city and works on the other. He will save ten minutes if he drives through the park • To keep the park clean, trash barrels are located throughout the area. The sanitation department wants to drive a truck into the park to collect the trash from the barrels • Two police cars are chasing a suspected bank robber. If one police car cuts through the park, it can get in front of the suspect’s car and trap it between the patrol cars • An ambulance is racing to the hospital with a dying patient. The shortest route is through the park • Elena wants to take her baby to the park in a stroller • A monument is being erected to the city’s citizens who died in the Vietnam War. A tank, donated by the government, is to be placed beside the monument • Amul had both legs amputated and uses an electric wheelchair. He wants to visit the park • Now, rewrite the law to make it clearer

6. 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?

7. Guidelines for Drafting Laws • Topic (what are you trying to accomplish?) • Specific Details (how will this be done?) • Costs (what will it cost and where will the money come from?) • Effective Dates (when will it begin?)

8. Legislatures • Bills – legislation introduced in response to the needs of citizens represented • Laws are written for many reasons • A problem/issue exists that needs fixing • A person/group of people want access to government funding/programs • A person/group of people want to be exempt from government policy • Originates in many places • Legislators, Constituents, Interest Groups, Business Groups, Executive Branch, Lobbyists, etc • Many thingsconsidered when writing a bill • 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 • What will this cost? Where will the money come from?

9. Copp’s Bill (students aren’t taking school seriously) • Be it enacted that high school students get paid for their grades • Section One: To encourage higher achievement, students should be paid for the final grades they earn • Section Two: Payment will be as follows • A = $25 • A- = $20 • B+ = $15 • B = $10 • B- = $5 • Section Three: A $20 bonus will be added to A grades and a $10 bonus will be added to B grades in AP classes. • Section Four: The money to pay for this will be added to the levy amount for that district. Each district will be responsible for estimating the amount they will need to add • Section Five: This bill will go into effect in the school year beginning after the next levy. If the levy does not pass, this bill will not go into effect. (??other things that might be addressed in this bill??)

10. Drafting a Law - Simulation • The harmful effects of cigarette smoking, both for the smokers and for those nearby, continue to make headlines. In your town there is a discussion about prohibiting smoking in certain places. Opinion on this issue is divided. Some restaurant employees want to work in healthier, smoke-free environments. Some restaurant owners are concerned that no-smoking rules will harm their businesses and might result in a loss of jobs. Some citizens believe that smoking should be banned in all public places, including stores, restaurants, workplaces, and even outdoor spaces such as parks. • Still others believe that these restrictions go too far and intrude on the rights of people using a lawful product (cigarettes). They believe that economic forces, rather than government action, will bring the best results. Some restaurants, for example, will choose to be smoke-free in order to attract patrons who care about this issue.

11. Drafting a Law - Simulation • You are a member of the citizens advisory group to your town council. Your group has been asked to draft a new ordinance dealing with smoking in public places. • Topic (what are you trying to accomplish?) • Specific Details (how will this be done?) • Costs (what will it cost and where will the money come from?) • Effective Dates (when will it begin?)

12. Quick Review • What is the name of the part of government that makes laws? • What gives that part of government the power to make laws? • Why are laws written? • Who can write laws? • Which level of laws are more powerful? • What things are considered when they are writing a law?

13. Agencies (Executive branch) • Laws authorize AGENCIES to develop rules and regulations to make laws more specific • Agencies are “hidden lawmakers” • They develop all the specifics needed to carry out the law • Public Hearings are held, meetings are held to determine what rules are needed to implement the laws. • IE – how are you paid for your grades Money put into an account you can use to pay for school related items (public monies) • Enact rules that go into effect without a vote

14. Courts (Judicial Branch) • Enforce the laws – punish those who do not follow the laws • Trials – decide if law was broken and set punishment • Courts of Appeal – review lower court ruling. Was the law followed/applied fairly • Precedent – a legal ruling that will establish how things are done in the future

15. International Lawmaking • Treaty – an agreement or contract between countries • Is more powerful in court than the Constitution • Extradition • When one country agreed to turn over a suspected or convicted criminal to another country. • The US has extradition agreements with most countries: not China, North Korea, Brazil, and a few other countries • Important International Agreements • United Nations (200 member countries) • UNESCO (UN Educational, Scientific and Cultural Organization) • IMF (International Monetary Fund) • WTO (World Trade Organization) • WHO (World Health Organization) • UNICEF (UN Children’s Fund)

16. Activity The Government of a South American country has been very corrupt for many years and has violated the human rights of many of its citizens by jailing and executing opposition leaders who are all from one ethnic group. The United States and most other countries have been critical of this government for its actions. The opposition groups in the country want to overthrow the government. The government reacts by rounding up and executing hundreds of members of the ethnic group leading the opposition. The United States and many other governments around the world speak out against this. The United Nations is considering a resolution authorizing sending UN troops into the country to stop what some are calling genocide. The US government is reluctant to get involved militarily in internal affairs of another country. The UN Charter (Article 55) states: With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, the UN shall promote . . . Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. Article 56 states that all members pledge themselves to take joint and separate action in cooperation with the organization for the achievement of the purposes set forth in Article 55.

17. Activity • In your group, answer the questions posed to you 1) If you were the advisors to the president of the US, would you instruct our UN delegate to support the authorization to send troops into this South American country? EXPLAIN • Assume the US government does not think sending troops is the best way to solve this problem, but more than two-thirds of the countries in the UN vote in favor of the resolution. Should the US contribute troops to the UN effort? EXPLAIN • After a presidential election and change of administrations in the US , assume the US government believes that forceful action must be taken against this South American government, but most other governments come to believe that the UN should not take joint action in this case. Should the US take action alone?

18. Quick Review • Name the three branches of government. • Which branch of the government writes the laws? • What is this called in our federal gov’t? • What is a proposed law called? • Which is more powerful, federal or state law • What is the difference between “legislative intent” and “letter of the law”? • Which branch of government enforces the laws/puts them into action? • What are AGENCIES? What do they do? • How do they decide what to do? • Which branch of government interprets the laws/determines if laws were broken? • What do the courts do? • What is “international law”? • Who/How are they made? • How are they enforced? Are they enforced?