Lawmaking

Chapter 2 Notes

Who creates laws? The laws that US

citizens are expected to obey come from: Congress State Legislatures Administrative

agencies

Administrative Agencies Considered to be hidden

lawmakers, making rules and regulations that affect business and industry.

Agencies usually hold public hearings before issuing proposed regulations.

Example of a law created by an agency- To get an original social security card, a person must present documents to prove his or her age, US citizenship or alien status, and true identity.

Vague Laws A law that is difficult

to interpret Cannot be enforced

Ex. A law that makes it illegal for people to gesture in a way that makes people uncomfortable.

Ex. A criminal violation of loitering for an unreasonable amount of time.

Separation of Powers Establishes the US

Constitution and federal laws as the supreme law of the land.

Political Values Laws based on these reflect the relationship between

government and individuals.

Legislative Branch Creates the laws

Congress The lawmaking body of our federal

government Has power to pass statutes (laws) binding on the

people of every state.

Bills How laws are introduced into legislatures Meant to respond to the needs of the citizens Used to enact new laws or amend or repeal or

old laws Can be introduced by

Legislators Executive Branch Individual Citizens Citizens’ Groups Businesses Lobbyists Courts

Executive Branch Enforces the laws

President, Police, FBI, DEA, etc

Judicial Branch Makes laws through

its rulings when it interprets the Constitution or the meaning of law.

A judge who interprets what the legislature means is interpreting legislative intent.

Ordinances Laws or issue rules passed by local

governments. Ex. Smoking in restaurants

Precedent Court-made law Established by a

court when its decisions on legal questions give direction to future cases on similar questions.

Supremacy Clause Portion of the

constitution that states that anytime a federal law conflicts with a state law that the federal law will be followed. Granted by 10th

Amendment Ex. Right to die

Keys to drafting effective laws Write the law in a clear language. Include the effective date of the law. Make sure the law is enforceable and

identifies who has the authority to enforce it.

Appellate Courts Higher courts that people who lose a trial can

ask to review and change the result of the trial.

International Treaties An agreement or

contract between two countries.

Only binding to the US, if it is signed by the president and is ratified by at least 2/3 of the senate. Along with the US

Constitution, is the supreme law of the land.