2. Laws come from many sources: Constitution Legislatures Voters Administrative Agencies Courts - Appeals
3. Legislatures US Constitution divides the power to make laws between Federal and State governments. Federal legislature is made up of two houses: Senate – 100 members, 2 from each state House of Representatives – 435 members, each state represented according to size. *EXTRA CREDIT: FIND OUT HOW MANY REPRESENTATIVES KANSAS HAS, WHICH STATE HAS MOST, AND WHICH STATE HAS LEAST.
4. Legislatures Federal Legislatures Laws, or Federal statutes passed by Congress affect every state. What kind of laws would affect every state? Environment Civil Rights National Defense Economic Development Labor Relations Postal Services Veteran’s Affairs Federal Taxes Public Health
5. Legislatures State Legislatures make laws called state statutes. State Legislatures set up like Federal Legislature – all of them have 2 houses except Nebraska. States have more leeway – they can pass laws that aren’t governed by the U.S. Constitution. States pass laws that affect the whole state. Can you think of laws that affect the whole state? Education Traffic State Taxes Marriage and Divorce Most Criminal Laws Powers and Duties of State Officials
6. Legislatures Federal laws can sometimes conflict with state law. What do you think happens in that situation? Courts will usually follow Federal law. Article VI of the Constitution has SUPREMACY CLAUSE “Constitution and the laws of the United States shall be the supreme law of the land” State laws cannot override Federal Laws Example – Civil Rights in the 60’s
7. Legislatures Local Lawmaking Bodies Cities, Towns, Counties Pass laws called ORIDANCES OR REGULATIONS These are laws that probably affect you the most. Can you think of examples of local laws? Traffic Laws Land Use/Zoning Schools Regulations of Local Business Wichita City Council Sedgwick County Commission Sherman Township
8. How Laws are Made To pass a law… Legislatures introduce a bill Legislature debates the merits of the bill Legislature votes on it President or Governor signs or veto's bill If he/she signs it, it becomes a law and must be obeyed http://www.schoolhouserock.tv/Bill.html *A good law is clear and easy for everyone to understand. Page 21 – The Case of the Unclear Law
9. Government Agencies Some laws come from government agencies OSHA, EPA, USDA, Homeland Security Local agencies have most affect on your life – hidden lawmakers! Agencies make laws without going through committees or votes, but they usually hold public hearing so people can voice their concerns.
10. Courts Laws can be made by the courts If you lose a trial, you can appeal to a higher court. These higher courts are called appeals or appellate courts. When an appeals court decides a case, it issues a written opinion that sets a PRECEDENT for all other similar cases. All lower courts have to follow that precedent, thus making it a law.
Editor's Notes
There are many laws out there and they come form many sources – in this chapter we will look at those sources.
They include: Consititution, Legislatures, Voters, Administrative Agencies, Courts
Legislatures are the primary lawmaking bodies.Lawmaking authority of Congress is exercised through the passage of laws or statutes
Federal statutes deal with issues that affect people in every state – these laws have national impact.
Nebraska is unicameral, instead of bicameral. It changed in the 30’s in an effort to save money and make it run more efficiently.Bicameral system was modeled after Britain’s two houses – House of Commons and House of Lords. The man who proposed this for NE Greg Norris, said we don’t need that in America and he was able to convince enough people and get it passed.Critics say there is danger of no checks and balances, but they argued that you have that with governor being able to veto, and State Supreme Court, and ultimately, the voters.Power of Fed’lgov’t limited to the power of Constitution. States have more leeway.
Legislative bodies usually deal with problems in a general way, they authorize administrative agencies to develop rules and regulations to make laws more specific.OSHA – Occupational Safety and Health Assoc.Safe Working ConditionsEPA – Environmental Protection AgencyPollutionUSDA – United States Department of AgricultureEnsures we have safe foodHomeland SecurityNew since 9-11. Protects against terrorismThese regulations have the force of law.Local agencies have most impact…Zoning – tell you where you can buildAgencies that govern restaurants, School boards – tell you how many credits you need to graduate.Really Hidden Lawmakers – make many rules that affect business and individualsCan you think of any examples???How much pesticides can be used on crops, what can be put in food – including bugs!, cost of trash service and electricity, regulating bars and restaurants, what education you need for certain jobs.Agencies make laws without going through committees or votes, but they usually hold public hearing so people can voice their concerns.
