Lawmaking

 By the end of class, students will be able to:  Describe the role of the legislative branch of government.  Distinguish among the types of laws typically made at local, state, and federal levels of government.  Identify and explain the Supremacy Clause of the Constitution.

 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.

 Local Laws are called Ordinances.  Ordinances include: land use, parking, schools, and regulation of local businesses  States have the power to pass laws that apply within their boundaries  State laws include: education, transportation, state taxes, marriage and divorce, and most criminal laws.  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

 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”.  In other words, no law can ever be passed that goes against the U.S. Constitution.

 Legislative Intent defined:  What the lawmakers who passed a law wanted the law to mean. If the language of a statute is unclear, judges will often look at the legislative intent to help them interpret the law.

 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

 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

 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

 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

 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

 What might the agencies discuss or determine for you?  Public hearings are held because….  Businesses or individuals to express opinion on issue

LET’S TAKE A LOOK AT THE HANDOUT!!!!

DDescribe court cases/shows you’ve seen on T.V. TThey were trials IIf you lose you can ask a higher court to review and change the result CCalled Appeals or Appellate Courts VVerdict of Appeal sets a precedent LLower courts must follow this CCan you give me an example?

 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

 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

 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.