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Lawmaking
2 Legislatures
• Congress is made up of two houses:
– the Senate is composed of 100 members
– the House of Representatives has 435 members
• Congress passes
laws that are
binding on people
of every state.
3 Lawmaking authority
• …laws passed by Congress are known as federal statutes
• …federal statutes deal with environment, national defense, homeland security, labor
relations, veterans’ affairs, public health, civil rights, economic development, postal
services, and federal taxes
4 State Statutes
• …except for Nebraska – every state has a two-house legislature
• Most meet on an annual basis – a few meet every two years
– Mississippi’s legislature meets every year
• State laws impact education, traffic, state taxes, marriage/divorce, most criminal laws, and the powers
& duties of state gov’t officials
5 Federal gov’t power is limited
• Congress cannot legislate unless given the power to do so in the Constitution.
• The states have a much broader power to legislate.
• Supremacy clause – when a state law conflicts with a federal law – the state laws are invalid.
• Cities, towns, and counties also have lawmaking bodies (councils/boards)
– These laws are known as ordinances or regulations.
– Local laws only apply to a county, city, or town.
6 Bills
• … legislation is introduced as a bill.
• Bills are introduced to enact new laws or amend or repeal old laws.
– Bills can come from anyone – legislators, gov’t officials, individual citizens, businesses, or lobbyists that represent
various groups or interests.
• A bill passed by the legislature and not vetoed by the executive branch becomes a law.
7 …after a bill becomes a law.
• … the people must obey it.
• sometimes the language of the law is open to differing interpretations – it’s not always easy to know
exactly what a law prohibits or allows.
• Determining Legislative Intent
– Disputes over what a law means will end up in court where a judge interprets what the law means.
8 Drafting a Bill
• When a bill is drafted – the actual language is written.
• Bills are often drafted and redrafted before being introduced and discussed.
• Many laws are difficult to read AND understand.
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2. 9 Evaluating a bill
• Questions often asked:
– Is it written in clear language?
– Is it understandable?
– When does it go into effect?
– Does the law contradict any other laws?
– Is the law enforceable? Who will enforce it?
– Are the penalties for breaking the law clear and reasonable?
10 Agencies
• Agency rules and regulations have the power of law.
– Congress passed a law requiring safe working conditions.
– To implement this law, Congress created OSHA (Occupational Safety & Health Administration)
• In response to the attacks of 9/11, the federal gov’t created new agencies and in 2002, President Bush
created the Department of Homeland Security.
11 Administrative agencies are really hidden lawmakers – making numerous rules and
regulations that affect business, industry, and individuals.
12 Courts
• Law is also made by courts.
• When a case is appealed to a higher court, that court issues a written opinion.
• That opinion sets a precedent for similar cases in the future.
• All lower courts in that jurisdiction where the precedent was issued MUST follow it.
13 International Lawmaking
• … usually defined as the law that applies to the conduct of countries.
• …is most often made when national gov’ts make treaties with each other or with a group of countries.
• Various international laws regulate commerce (trade) between countries, refugees crossing national borders, ownership of
property including copyrights and patents, the environment, and many other areas.
14 European Union
• …created by a series of treaties by various European countries.
– There are 27 member countries.
• …established a European Parliament which has the power to make laws that promote political and
economic cooperation in Europe
• … a common currency called the euro.
• … ensures the free movement of people, goods, services, and capital.
15 United Nations
• … is an international organization
• … facilitates cooperation in international law, international security, economic development, social progress, human rights,
and achievement of world peace.
• There are currently 192 member states, including nearly every sovereign state in the world.
• Six principal organs:
– General Assembly
– Security Council (Ch, Fr, GB, Russia, US – 10)
– Economic & Social Council (World Bank, IMF)
– Secretariat
– International Court of Justice (The Hague)
– UN Trusteeship Council (inactive)
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