ch 2 lawmaking 2010

Ch 2Lawmaking

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Legislatures• Congress is made up of two

houses:– the Senate is composed of 100

members– the House of Representatives

has 435 members

• Congress passes laws that are binding on people of every state.



Lawmaking authority


• …laws passed by Congress are known as federal statutes

• …federal statutes deal with environment, national defense, homeland security, labor relations, veterans’ affairs, public health, civil rights, economic development, postal services, and federal taxes


State Statutes


• …except for Nebraska – every state has a two-house legislature

• Most meet on an annual basis – a few meet every two years– Mississippi’s legislature meets every

year

• State laws impact education, traffic, state taxes, marriage/divorce, most criminal laws, and the powers & duties of state gov’t officials


Federal gov’t power is limited


• Congress cannot legislate unless given the power to do so in the Constitution.

• The states have a much broader power to legislate.

• Supremacy clause – when a state law conflicts with a federal law – the state laws are invalid.

• Cities, towns, and counties also have lawmaking bodies (councils/boards)– These laws are known as ordinances or

regulations.– Local laws only apply to a county, city, or

town.


Bills


• … legislation is introduced as a bill.

• Bills are introduced to enact new laws or amend or repeal old laws.– Bills can come from anyone –

legislators, gov’t officials, individual citizens, businesses, or lobbyists that represent various groups or interests.

• A bill passed by the legislature and not vetoed by the executive branch becomes a law.


…after a bill becomes a law.


• … the people must obey it.• sometimes the language of the

law is open to differing interpretations – it’s not always easy to know exactly what a law prohibits or allows.

• Determining Legislative Intent– Disputes over what a law means will

end up in court where a judge interprets what the law means.


Drafting a Bill


• When a bill is drafted – the actual language is written.

• Bills are often drafted and redrafted before being introduced and discussed.

• Many laws are difficult to read AND understand.

Evaluating a bill


• Questions often asked:– Is it written in clear language?– Is it understandable?– When does it go into effect?– Does the law contradict any

other laws?– Is the law enforceable? Who

will enforce it?– Are the penalties for breaking

the law clear and reasonable?

Agencies


• Agency rules and regulations have the power of law.– Congress passed a law requiring safe

working conditions.– To implement this law, Congress

created OSHA (Occupational Safety & Health Administration)

• In response to the attacks of 9/11, the federal gov’t created new agencies and in 2002, President Bush created the Department of Homeland Security.

Administrative agencies are really hidden lawmakers – making numerous rules and regulations that affect business, industry, and individuals.


Agencies usually hold public hearings before proposingregulations giving individuals or businesses an opportunityto express their views.

Regulations proposed by the federal gov’t must bePublished in a special newspaper called the Federal Register.

Courts


• Law is also made by courts.• When a case is appealed to a

higher court, that court issues a written opinion.

• That opinion sets a precedent for similar cases in the future.

• All lower courts in that jurisdiction where the precedent was issued MUST follow it.

International Lawmaking


• … usually defined as the law that applies to the conduct of countries.

• …is most often made when national gov’ts make treaties with each other or with a group of countries.

• Various international laws regulate commerce (trade) between countries, refugees crossing national borders, ownership of property including copyrights and patents, the environment, and many other areas.

European Union


• …created by a series of treaties by various European countries.– There are 27 member countries.

• …established a European Parliament which has the power to make laws that promote political and economic cooperation in Europe

• … a common currency called the euro.• … ensures the free movement of

people, goods, services, and capital.

United Nations


• … is an international organization• … facilitates cooperation in international

law, international security, economic development, social progress, human rights, and achievement of world peace.

• There are currently 192 member states, including nearly every sovereign state in the world.

• Six principal organs:– General Assembly

– Security Council (Ch, Fr, GB, Russia, US – 10)

– Economic & Social Council (World Bank, IMF)

– Secretariat

– International Court of Justice (The Hague)

– UN Trusteeship Council (inactive)

ch 2 lawmaking 2010

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