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Chapter 2. Lawmaking. Legislatures. The federal government has a legislative branch is made up of two houses - Senate, House of Representatives When a law is introduced in either house it is called a bill Congress has the power to pass laws that are binding on people in every state
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Chapter 2 Lawmaking
Legislatures • The federal government has a legislative branch is made up of two houses - Senate, House of Representatives • When a law is introduced in either house it is called a bill • Congress has the power to pass laws that are binding on people in every state • Congress passes federal laws that are called statutes • Federal statutes deal with things such as national defense, taxes, civil rights, postal services, economic development etc.
States • States have the power to pass laws that apply within their boundaries • In general the states have the power to legislate in all those areas over which the national government was not granted power by the Constitution
Supremacy Clause • If two laws conflict between the federal government and the state government, the federal government law will be followed. • The supremacy clause states that the Constitution and federal laws are “The Supreme Law of the Land”. • Legislative intent - judges must determine what the writer of the law intended when it was written
No Vehicles allowed in the park • First complete activity 2.2 on your own. Make sure you have reasons to support your answers • Secondly, get into groups of 2 and try to persuade others in your group to the correctness and validity of your answers. Come to a consensus as a group and provide reasons for your answers
Drafting a Bill • Legislation is often drafted and re-drafted • Questions to ask when drafting laws or rules • 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
Drafting a Bill Cont…… • Clarity in legal language is important • Recently law has been written in simple, clear English • Advocates argue they should be written this way so that a person of ordinary intelligence and education can understand what is expected
Law In Action • Drafting a Law Simulation • Separate and complete Problem 2.3 on your own • First thing tomorrow get into groups of four and share your answers. After this we will debate your answers and come to a conclusion
Agencies • Legislative bodies deal with problems in a general way • Administrative agencies develop rules & regs to be more specific • EX: OSHA, EPA, DOT • Agencies with greatest impact are at the state & local level • EX: school board, zoning commission
Agencies Cont…. • What might the agencies discuss or determine for you? • Public hearings are held because…. • Businesses or individuals to express opinion on issue
Interview Project LET’S TAKE A LOOK AT THE HANDOUT!!!!
COURTS • Describe court cases/shows you’ve seen on T.V. • They were trials • If you lose you can ask a higher court to review and change the result • Called Appeals or Appellate Courts • Verdict of Appeal sets a precedent • Lower courts must follow this • Can you give me an example?
International Lawmaking • Applies to conduct of Countries • Often made through a TREATY • What is a treaty? • Treaties regulate • Money among countries • Refugees crossing national borders • The environment
International Lawmaking Cont…. • U.S. Constitution states…a treaty is the supreme law of the land if signed by the President and Ratified by 2/3 of the Senate
UNITED NATIONS • Formed in 1945 • Headquartered in New York City • 200 member countries • Maintains system of International Courts • Most important institution for international law • Member countries agree to abide by rules of the U.N.