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Lawmaking

Lawmaking. Chapter 2 Notes. Who creates laws?. The laws that US citizens are expected to obey come from: Congress State Legislatures Administrative agencies. Administrative Agencies. Considered to be hidden lawmakers, making rules and regulations that affect business and industry.

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Lawmaking

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  1. Lawmaking Chapter 2 Notes

  2. Who creates laws? • The laws that US citizens are expected to obey come from: • Congress • State Legislatures • Administrative agencies

  3. Administrative Agencies • Considered to be hidden lawmakers, making rules and regulations that affect business and industry. • Agencies usually hold public hearings before issuing proposed regulations. • Example of a law created by an agency- To get an original social security card, a person must present documents to prove his or her age, US citizenship or alien status, and true identity.

  4. Vague Laws • A law that is difficult to interpret • Cannot be enforced • Ex. A law that makes it illegal for people to gesture in a way that makes people uncomfortable. • Ex. A criminal violation of loitering for an unreasonable amount of time.

  5. Separation of Powers • Establishes the US Constitution and federal laws as the supreme law of the land.

  6. Political Values • Laws based on these reflect the relationship between government and individuals.

  7. Legislative Branch • Creates the laws

  8. Congress • The lawmaking body of our federal government • Has power to pass statutes (laws) binding on the people of every state.

  9. Bills • How laws are introduced into legislatures • Meant to respond to the needs of the citizens • Used to enact new laws or amend or repeal or old laws • Can be introduced by • Legislators • Executive Branch • Individual Citizens • Citizens’ Groups • Businesses • Lobbyists • Courts

  10. Executive Branch • Enforces the laws • President, Police, FBI, DEA, etc

  11. Judicial Branch • Makes laws through its rulings when it interprets the Constitution or the meaning of law. • A judge who interprets what the legislature means is interpreting legislative intent.

  12. Ordinances • Laws or issue rules passed by local governments. • Ex. Smoking in restaurants

  13. Precedent • Court-made law • Established by a court when its decisions on legal questions give direction to future cases on similar questions.

  14. Supremacy Clause • Portion of the constitution that states that anytime a federal law conflicts with a state law that the federal law will be followed. • Granted by 10th Amendment • Ex. Right to die

  15. Keys to drafting effective laws • Write the law in a clear language. • Include the effective date of the law. • Make sure the law is enforceable and identifies who has the authority to enforce it.

  16. Appellate Courts • Higher courts that people who lose a trial can ask to review and change the result of the trial.

  17. International Treaties • An agreement or contract between two countries. • Only binding to the US, if it is signed by the president and is ratified by at least 2/3 of the senate. • Along with the US Constitution, is the supreme law of the land.

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