Lawmaking

1. Lawmaking Legislatures, Bills, and Agencies

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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”

8. 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

9. 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?

10. 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

11. 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

12. 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

13. 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