Chapter 2 Lawmaking
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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 US Congress is made up of two houses: ◦ The Senate: 100 members, two from each state ◦ The House of Representatives: 435 members, each state represented according to the size of its population The US Constitution gives Congress the power to pass laws that are binding on the people in every state. States have the power to pass laws that apply within their boundaries.
Federal statues deal with issues of national impact, such as: ◦ Environmental quality, national defense, labor relations, veterans’ affairs, public health, civil rights, economic development, postal services, and federal taxes. States pass laws with statewide impact in such areas as: ◦ Education, traffic, state taxes (including how they will be spent), marriage and divorce, most criminal laws, and the power and duties of state government officials. Local Laws are called Ordinances. ◦ Ordinances include: land use, parking, schools, and regulation of local businesses
The power of the federal government to pass laws is limited. ◦ Congress cannot legislate unless given the power to do so in the Constitution. The states, on the other hand, have broader power to legislate. ◦ In general the states have power to legislate in all those areas over which the national government was not granted power by the Constitution.
For example: a state could not enter into a treaty with another country or coin money, as those are among the powers assigned to the national government. However, states can pass marriage and divorce laws, as those are not powers assigned to the national government.
Sometimes federal laws conflict with state laws. Unless it can be shown that Congress is legislating in an area the Constitution delegated to the states, the courts will usually follow the federal and not the state law.
For example: In the 1960s, federal laws against racial segregation in restaurants and hotels came into conflict with laws of some states that required separate accommodations for blacks and whites. ◦ The courts ruled the state laws invalid based on Article VI of the Constitution, the supremacy clause. ◦ This states, “the Constitution and the Laws of the United States…shall be the supreme law of the land.”
In addition to the US Congress and state legislatures, cities, towns, and counties have lawmaking bodies. These are called county or city councils, boards of alderman, local boards of education, or other names. Laws passed by local governments apply only to a county, city, or town. The local lawmaking body has been given the power to enact ordinances by the state. Many of the laws most important to us in our daily lives are passed by local governments Bill on Capital Hill Bill on Capital Hill
1. Read pages for further understanding. 2. Complete the six questions from Problem 2.1 located on page 21 of your textbooks. 3. Utilize information from the direct instruction and PowerPoint presentation, the textbook reading, and your knowledge of Social Studies when determining your answers. 4. Complete Exit Ticket Question
Identify and discuss the importance of lawmaking. Analyze problems that may arise when developing a law. Define the term: Legislative Intent.
Legislatures and other lawmaking bodies try to respond to the needs of the citizens they represent by introducing legislation in the form of bills. Bills are used to enact new laws or amend or repeal (cancel) old laws. Ideas for bills can come from legislatures, the executive branch, individual citizens, or citizens’ groups.
After a bill becomes a law, the people must obey it. Sometimes, though, the language of a law is open to differing interpretations. It is not always easy to know exactly what a law prohibits or allows. Disputes over what a law means frequently end up in court. A judge who interprets what the legislature means is determining legislative intent.
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.
Son, I’ll hold the nail, you hold the hammer. When I nod, you hit it.
Anyone leaving their garments here for more than 30 days will be disposed of.
Toilet out of order, please use floor below.
Automatic washing machines: Please remove all of your clothes when the lights go out.
And for the grand finale, A sign found outside a local golf course states, “Anyone found collecting golf balls on this course will be prosecuted and have their balls removed”
Despite these efforts, many laws are difficult to read and understand. When judges decide what a statute means, they must follow certain rules: ◦ One rule is that courts will not enforce laws that are so vague that it is unclear exactly what conduct is prohibited. Think about how this classroom would be managed if I enforced rules that were to vague. ◦ Another rule says that if there is doubt as to the meaning of a word in a criminal statute, the word must be strictly interpreted against the government. ◦ Clarity in legal language is important.
1. Form two groups and analyze various situations from the text on page 22 (Problem 2.2). 2. Students must come to a consensus on each of the various situations. 3. One selected student will tabulate and act as the groups speaker/note-taker. 4. Students are to be prepared to defend/explain their responses. 4. Complete Exit ticket Question.
The law seems clear, but some disputes have arisen over its interpretation. Interpret the law in the following cases, keeping in mind what the law says and well as the intent. Decide whether or not the vehicle described should be allowed in the park. Each group must write down a reason that is different from another group’s reason on the poster. Students will keep their noise level from getting to loud and disrupting the activity.