LAWMAKINGLegislatures, Bills, and Agencies

Who Makes Laws?

The laws that we are expected to obey come from many different sources

Legislatures make laws

Voters can act directly as lawmakers

Administrative agencies make many laws

Laws are sometimes made by courts

Legislatures The United States Constitution divides the power

to make laws between federal & state governments

Legislatures are the primary lawmaking bodies United States Congress – the federal legislature

Senate & the House of Representatives

Laws passed by Congress are binding in every state

States may pass laws within their own border

Congress

The lawmaking authority of Congress is exercised through the passage of laws known as statutes

Federal statutes deal with issues of national impact

Environmental Quality National Defense Veteran’s Affairs Civil Rights Postal Services Federal Taxes Public Health

State Legislatures

State lawmaking powers are vested in their legislatures

Every state (except one) has a two-house legislature

States pass laws with statewide impact Education Marriage and Divorce Traffic State Taxes Powers/Duties of State Government

Officials

State v. Federal Government

The power of the federal government to pass laws is limited

Congress cannot legislate unless given the power to do so in the United States Constitution

States have broader power to legislate States have power to legislate in all

those areas over which the national government was not granted power by the Constitution

State v. Federal Government

Federal laws can conflict with state laws Unless Congress is legislating in an area

delegated to the states, the federal laws will usually win

Example: Racial segregation in the 1960s

States wanted segregation, federal law won

Article IV of the Constitution – the supremacy clause

“the Constitution and the Laws of the United States…shall be the supreme law of the land”

Local Government

Local government pass laws known as ordinances or regulations

Local government issues include: Land use Parking Schools Regulation of local business These laws apply only to a county, city,

or town

Guidelines for Drafting Laws

When drafting laws, ask these questions to determine whether problems are likely to result

Is the law written in clear language? Is the law understandable? Does the law contradict any other laws? Is the law enforceable? Are the penalties for breaking the law

clear and reasonable?

Drafting a Bill

Legislation is often drafted(written) and redrafted before it is introduced and discussed

Laws can be difficult to read, understand, or are unclear

The Case of the Unclear Law Some legislatures attempt to write statutes in

simple, clear English (not in legal language) Legal language is too complex Should be written so that a person of

“ordinary intelligence” can understand what is expected

Agencies

Many laws are made by government agencies

Congress passed a law requiring safe work conditions in places of employment

Occupational Safety and Health Administration (OHSA)

This agency develops specific regulations:

Height of guardrails in factories Number of fire exits Types of safety equipment to be worn

Advocacy

Advocacy is the art of persuading others Gather facts, excellent communication

skills, plan Determine what level of government is

responsible for addressing the problem High school students have become

advocates for: Violence Prevention Homelessness School Attendance and Uniform Policy

Lobbying

Lobbying is a way to influence the lawmaking process by convincing lawmakers to vote as you want them to

Lobbyists also use political contributions, ads, favors, letter-writing campaigns, and other techniques to influence legislation

Example: The NRA (National Rifle Association)

employs lobbyists to oppose restrictions on gun ownership