LawmakingLawmaking•LegislaturesLegislatures•AgenciesAgencies•CourtsCourts•International International LawLaw

LegislaturesLegislatures The prime lawmaking bodiesThe prime lawmaking bodies

The constitutions of both state and federal The constitutions of both state and federal governments empowered the Legislative governments empowered the Legislative branch with the power to write laws within the branch with the power to write laws within the areas they have powerareas they have power

We elect representatives to be create laws for We elect representatives to be create laws for usus

Federal Federal (bicameral) (bicameral) House of RepresentativesHouse of Representatives SenateSenate

State State (bicameral – except Nebraska)(bicameral – except Nebraska) Supremacy Clause –Supremacy Clause – “the Constitution “the Constitution

and the Laws of the United States . . . . Shall be the and the Laws of the United States . . . . Shall be the supreme law of the land.”supreme law of the land.”

LegislaturesLegislatures Open your books to page 19Open your books to page 19 Read pages 19-21Read pages 19-21 Write down 5 pieces of information Write down 5 pieces of information

about legislaturesabout legislatures

??? State or Federal ?????? State or Federal ??? Decide whether each of the following laws is Decide whether each of the following laws is

federal, state and/or local.federal, state and/or local. No parking on the east side of Main Street between 4 and 6 pmNo parking on the east side of Main Street between 4 and 6 pm All persons between the ages of 6 and 16 must attend schoolAll persons between the ages of 6 and 16 must attend school Whoever enters a bank for the purposes of taking by force or Whoever enters a bank for the purposes of taking by force or

violence the property or money in custody of such bank shall be violence the property or money in custody of such bank shall be fined not more than $5000 or imprisoned not more than 20 years fined not more than $5000 or imprisoned not more than 20 years or bothor both

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

No employer of more than 15 persons may discriminate on the No employer of more than 15 persons may discriminate on the basis of race, color, religion, sex, or national originbasis of race, color, religion, sex, or national origin

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

Give one other example of a federal, a state, Give one other example of a federal, a state, and a local law.and a local law.

The Unclear Law The Unclear Law (p. 22)(p. 22)

The law seems clear, but some disputes have The law seems clear, but some disputes have arisen over its interpretation. Interpret the law in arisen over its interpretation. Interpret the law in the following cases, keeping in mind what the the following cases, keeping in mind what the saw says (letter of the law) as well as the saw says (letter of the law) as well as the legislative intent (what they meant it to legislative intent (what they meant it to accomplish).accomplish).

A.A. Tony lived on one side of the city and works on the other. He will save ten Tony lived on one side of the city and works on the other. He will save ten minutes if he drives through the parkminutes if he drives through the park

B.B. To keep the park clean, trash barrels are located throughout the area. The To keep the park clean, trash barrels are located throughout the area. The sanitation department wants to drive a truck into the park to collect the sanitation department wants to drive a truck into the park to collect the trash from the barrelstrash from the barrels

C.C. Two police cars are chasing a suspected bank robber. If one police car Two police cars are chasing a suspected bank robber. If one police car cuts through the park, it can get in front of the suspect’s car and trap it cuts through the park, it can get in front of the suspect’s car and trap it between the patrol carsbetween the patrol cars

D.D. An ambulance is racing to the hospital with a dying patient. The shortest An ambulance is racing to the hospital with a dying patient. The shortest route is through the parkroute is through the park

E.E. Elena wants to take her baby to the park in a strollerElena wants to take her baby to the park in a strollerF.F. A monument is being erected to the city’s citizens who died in the Vietnam A monument is being erected to the city’s citizens who died in the Vietnam

War. A tank, donated by the government, is to be placed beside the War. A tank, donated by the government, is to be placed beside the monumentmonument

G.G. Amul had both legs amputated and uses an electric wheelchair. He wants Amul had both legs amputated and uses an electric wheelchair. He wants to visit the parkto visit the park

Now, rewrite the law to make it clearerNow, rewrite the law to make it clearer

LegislaturesLegislatures Bills – Bills – legislation introduced in response to the needs of citizens legislation introduced in response to the needs of citizens

representedrepresented

Laws are written for many reasonsLaws are written for many reasons A problem/issue exists that needs fixingA problem/issue exists that needs fixing A person/group of people want access to government A person/group of people want access to government

funding/programsfunding/programs A person/group of people want to be exempt from A person/group of people want to be exempt from

government policygovernment policy Originates in many places Originates in many places

Legislators, Constituents, Interest Groups, Business Groups, Legislators, Constituents, Interest Groups, Business Groups, Executive Branch, Lobbyists, etcExecutive Branch, Lobbyists, etc

Many thingsMany things considered when writing a considered when writing a billbill

Is the law written in clear language?Is the law written in clear language? Is the law understandable?Is the law understandable? When does the law go into effect?When does the law go into effect? Does the law contradict any other laws?Does the law contradict any other laws? Is the law enforceable? If so, by whom?Is the law enforceable? If so, by whom? Are the penalties for breaking the law clear and reasonableAre the penalties for breaking the law clear and reasonable What will this cost? Where will the money come from?What will this cost? Where will the money come from?

Copp’s BillCopp’s Bill(students aren’t taking school seriously)(students aren’t taking school seriously)

Be it enacted that high school students get paid for their Be it enacted that high school students get paid for their gradesgrades

Section OneSection One: To encourage higher achievement, students : To encourage higher achievement, students should be paid for the final grades they earnshould be paid for the final grades they earn

Section TwoSection Two: Payment will be as follows: Payment will be as follows A = $25A = $25 A- = $20A- = $20 B+ = $15B+ = $15 B = $10B = $10 B- = $5B- = $5

Section ThreeSection Three: A $20 bonus will be added to A grades and a : A $20 bonus will be added to A grades and a $10 bonus will be added to B grades in AP classes.$10 bonus will be added to B grades in AP classes.

Section FourSection Four: The money to pay for this will be added to the : The money to pay for this will be added to the levy amount for that district. Each district will be responsible levy amount for that district. Each district will be responsible for estimating the amount they will need to addfor estimating the amount they will need to add

Section FiveSection Five: This bill will go into effect in the school year : This bill will go into effect in the school year beginning after the next levy. If the levy does not pass, this beginning after the next levy. If the levy does not pass, this bill will not go into effect.bill will not go into effect.

(??other things that might be addressed in this bill??)(??other things that might be addressed in this bill??)

Drafting a Law - SimulationDrafting a Law - Simulation The harmful effects of cigarette smoking, both for the smokers The harmful effects of cigarette smoking, both for the smokers

and for those nearby, continue to make headlines. IN your town and for those nearby, continue to make headlines. IN your town there is a discussion about prohibiting smoking in certain places. there is a discussion about prohibiting smoking in certain places. Opinion on this issue is divided. Some restaurant employees Opinion on this issue is divided. Some restaurant employees want to work in healthier, smoke-free environments. Some want to work in healthier, smoke-free environments. Some restaurant owners are concerned that no-smoking rules will restaurant owners are concerned that no-smoking rules will harm their businesses and might result in a loss of jobs. Some harm their businesses and might result in a loss of jobs. Some citizens believe that smoking should be banned in all public citizens believe that smoking should be banned in all public places, including stores, restaurants, workplaces, and even places, including stores, restaurants, workplaces, and even outdoor spaces such as parks.outdoor spaces such as parks.

Still others believe that these restrictions go too far and intrude Still others believe that these restrictions go too far and intrude on the rights of people using a lawful product (cigarettes). They on the rights of people using a lawful product (cigarettes). They believe that economic forces, rather than government action, believe that economic forces, rather than government action, will bring the best results. Some restaurants, for example, will will bring the best results. Some restaurants, for example, will choose to be smoke-free in order to attract patrons who care choose to be smoke-free in order to attract patrons who care about this issue.about this issue.

Drafting a Law - SimulationDrafting a Law - Simulation

You are a member of the citizens You are a member of the citizens advisory group to your town council. advisory group to your town council. Your group has been asked to draft a Your group has been asked to draft a new ordinance dealing with smoking new ordinance dealing with smoking in public places.in public places. TopicTopic Specific DetailsSpecific Details CostsCosts Effective DatesEffective Dates

Guidelines for Drafting LawsGuidelines for Drafting Laws

Is the law written in clear language?Is the law written in clear language? Is the law understandable?Is the law understandable? When does the law go into effect?When does the law go into effect? Does the law contradict any other laws?Does the law contradict any other laws? Is the law enforceable? If so, by whom?Is the law enforceable? If so, by whom? Are the penalties for breaking the law Are the penalties for breaking the law

clear and reasonable?clear and reasonable?

Quick ReviewQuick Review

What is the name of the part of What is the name of the part of government that makes laws?government that makes laws?

What gives that part of government What gives that part of government the power to make laws?the power to make laws?

Why are laws written?Why are laws written? Who can write laws?Who can write laws? Which level of laws are more powerful?Which level of laws are more powerful? What things are considered when they What things are considered when they

are writing a law?are writing a law?

Agencies (Executive branch)Agencies (Executive branch)

Laws authorize AGENCIES to develop rules Laws authorize AGENCIES to develop rules and regulations to make laws more specificand regulations to make laws more specific

Agencies are “hidden lawmakers”Agencies are “hidden lawmakers” They develop all the specifics needed to carry out the lawThey develop all the specifics needed to carry out the law Public Hearings are held, meetings are held to determine Public Hearings are held, meetings are held to determine

what rules are needed to implement the laws.what rules are needed to implement the laws. IE – how are you paid for your gradesIE – how are you paid for your grades

Money put into an account you Money put into an account you can use to pay for can use to pay for

school related items (public school related items (public monies)monies)

Enact rules that go into effect without a voteEnact rules that go into effect without a vote

Courts (Judicial Branch)Courts (Judicial Branch)

Enforce the laws – Enforce the laws – punish those who do not follow the lawspunish those who do not follow the laws

Trials – Trials – decide if law was broken and set punishmentdecide if law was broken and set punishment

Courts of Appeal – Courts of Appeal – review lower court ruling. Was the law review lower court ruling. Was the law

followed/applied fairlyfollowed/applied fairly

PrecedentPrecedent – a legal ruling that will establish how things are done in the – a legal ruling that will establish how things are done in the

futurefuture

International LawmakingInternational Lawmaking Treaty – Treaty – an agreement or contract between countriesan agreement or contract between countries

Is more powerful in court than the ConstitutionIs more powerful in court than the Constitution ExtraditionExtradition

When one country agreed to turn over a suspected or When one country agreed to turn over a suspected or convicted criminal to another country.convicted criminal to another country.

The US has extradition agreements with most The US has extradition agreements with most countries: not China, North Korea, Brazil, and a few countries: not China, North Korea, Brazil, and a few other countriesother countries

• Important International AgreementsImportant International Agreements• United Nations (200 member countries)United Nations (200 member countries)• UNESCO (UN Educational, Scientific and Cultural UNESCO (UN Educational, Scientific and Cultural

Organization)Organization)• IMF (International Monetary Fund)IMF (International Monetary Fund)• WTO (World Trade Organization)WTO (World Trade Organization)• WHO (World Health Organization)WHO (World Health Organization)• UNICEF (UN Children’s Fund)UNICEF (UN Children’s Fund)

ActivityActivityThe Government of a South American country has been very The Government of a South American country has been very corruptcorrupt for for many years and has violated the human rights of many of its citizens by many years and has violated the human rights of many of its citizens by jailing and executing opposition leaders who are all from one ethnic group. jailing and executing opposition leaders who are all from one ethnic group. The United States and most other countries have been critical of this The United States and most other countries have been critical of this government for its actions. The opposition groups in the country want to government for its actions. The opposition groups in the country want to overthrow the government. The government reacts by rounding up and overthrow the government. The government reacts by rounding up and executing hundreds of members of the ethnic group leading the opposition.executing hundreds of members of the ethnic group leading the opposition.

The United States and many other governments around the world speak The United States and many other governments around the world speak out against this. The United Nations is considering a resolution authorizing out against this. The United Nations is considering a resolution authorizing sending UN troops into the country to stop what some are calling sending UN troops into the country to stop what some are calling genocidegenocide. The US government is reluctant to get involved militarily in . The US government is reluctant to get involved militarily in internal affairs of another country.internal affairs of another country.

The UN Charter (Article 55) states: With a view to the creation of The UN Charter (Article 55) states: With a view to the creation of conditions of stability and well-being which are necessary for conditions of stability and well-being which are necessary for peaceful and friendly relations among nations based on respect peaceful and friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, for the principle of equal rights and self-determination of peoples, the UN shall promote . . . Universal respect for, and observance of, the UN shall promote . . . Universal respect for, and observance of, human rights and fundamental freedoms for all without distinction human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.as to race, sex, language, or religion.

Article 56 states that all members pledge themselves to take joint and Article 56 states that all members pledge themselves to take joint and separate action in cooperation with the organization for the achievement separate action in cooperation with the organization for the achievement of the purposes set forth in Article 55.of the purposes set forth in Article 55.

ActivityActivity In your group, answer the questions posed In your group, answer the questions posed

to youto you1) If you were the advisors to the president of the US, 1) If you were the advisors to the president of the US,

would you instruct our UN delegate to support the would you instruct our UN delegate to support the authorization to send troops into this South American authorization to send troops into this South American country? EXPLAINcountry? EXPLAIN

2)2) Assume the US government does not think sending Assume the US government does not think sending troops is the best way to solve this problem, but more troops is the best way to solve this problem, but more than two-thirds of the countries in the UN vote in favor than two-thirds of the countries in the UN vote in favor of the resolution. Should the US contribute troops to the of the resolution. Should the US contribute troops to the UN effort? EXPLAINUN effort? EXPLAIN

3)3) After a presidential election and change of After a presidential election and change of administrations in the US , assume the US government administrations in the US , assume the US government believes that forceful action must be taken against this believes that forceful action must be taken against this South American government, but most other South American government, but most other governments come to believe that the UN should not governments come to believe that the UN should not take joint action in this case. Should the US take action take joint action in this case. Should the US take action alone?alone?

Quick ReviewQuick Review Name the three branches of government.Name the three branches of government.

Which branch of the government writes the laws?Which branch of the government writes the laws?

What is this called in our federal gov’t?What is this called in our federal gov’t?

What is a proposed law called?What is a proposed law called?

Which is more powerful, federal or state lawWhich is more powerful, federal or state law

What is the difference between “legislative intent” and “letter of the law”?What is the difference between “legislative intent” and “letter of the law”?

Which branch of government enforces the laws/puts them into action?Which branch of government enforces the laws/puts them into action?

What are AGENCIES? What do they do?What are AGENCIES? What do they do?

How do they decide what to do?How do they decide what to do?

Which branch of government interprets the laws/determines if laws were broken?Which branch of government interprets the laws/determines if laws were broken?

What do the courts do?What do the courts do?

What is “international law”? What is “international law”?

Who/How are they made? Who/How are they made?

How are they enforced? Are they enforced?How are they enforced? Are they enforced?