L AW M A K I N G

CHAPTER 2

DO NOW: INTERPRET THESE QUOTES

• “Ours is a government of laws not men.” –John Adams

• As Patrick Henry left the Constitutional Convention he was asked “Who shall be king?” he replied “The law shall be king”

LEGISLATURES

• The Constitution divides the power to make laws between the federal and state government

• At both state and federal level, legislatures are primary lawmaking bodies

• Federal laws apply to every state• State laws apply within their boundaries• Federal statutes deal with issues of national impact

for example: the environment, national defense, labor relations

• State statutes deal with areas over which the national government was not granted power by the constitution for example: education, traffic, state taxes, most criminal law, marriage and divorce

LEGISLATURES

• In addition to Congress and state legislatures, cities, towns and counties have lawmaking bodies called county or city councils • Pass laws as ordinances or regulations • For example, land use, parking, schools, and

regulation of local business • Laws passed by local governments apply only to

that county or city • Power given to the councils by the state

LEGISLATURES

• PROBLEM 2.2 Turn to page 22 answer a-f

DRAFTING A BILL

• Clarity in legal language is important • Courts will not enforce laws that are unclear• For example, “it shall be illegal to gather on a

street corner without a good reason”

DRAFTING A BILL

• Problem 2.3 page 23 a-f

AGENCIES

• Administrative agencies develop rules and regulations to make laws more specific

• These regulations influence almost every aspect of our lives and have the force of law

• For example, OSHA • Greatest impact on daily life are agencies at the

state and local levels• For example, a zoning commission, or school board• Make regulations without going through legislative

committees or votes, but usually hold public hearings

COURTS

• Law is also made by courts • Person who loses a trial can sometimes ask a

higher court to review and change the result of the trial • Higher courts called appeals or appellate courts• When they decide a case it sets the precedent for

similar cases• All lower courts where precedent was issued must

follow it