Lawmaking

Chapter 2

Lawmaking

• Law comes from many sources– Federal (Washington D.C.)– State (Topeka)– Local (Prairie Village, Mission Hills, etc.)– Administrative Agencies– People (initiative and referendum)– Courts

Legislatures

• Congress– House of Representatives (435)– Senate (100)– Making a Law – The Process

• State Legislatures are similar in organization (Federalism)

• Federal government is limited • Article VI (supremacy clause)• Majority of laws that affect daily life come from

local ordinances

Legislatures

• Decide whether each of the following laws is federal, state, and/or local.• No parking on the east side of Main Street between 4:00 pm and 6:00

pm.• All persons between the ages of 6 and 16 must attend school.• Whoever enters a bank for purposes of taking by force or violence the

property or money in custody of such bank shall be fined not more than $5,000 or imprisoned not more than 20 years or both.

• In order to sell any product on public streets, the seller must first apply for and receive a vendor’s permit.

• No employer of more than 15 persons my discriminate on the basis of race, color, religion, sex, or national origin.

• All persons traveling on interstate airline carriers are subject to search before entering the airplane departure area.

Legislatures

• The case of…The Unclear Law• handout

• Drafting a law simulation• Pg. 23

Legislatures

• To avoid unclear language– 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?

• Vague laws will probably not be enforced by the court

Agencies

• Legislatures pass general laws and let agencies deal with the specifics– OSHA– EPA– Dept. of Homeland Security– Dept. of Transportation (DOT)– Transportation Security Administration (TSA)– Local zoning commission– Local school board

Courts

• Courts can also make laws through the appellate process

• A person who loses a trial may appeal the decision to a higher court (Appellate Court)

• When the higher court rules, they set a precedent for similar cases in the future