LawmakingLawmaking

Chapter 2Chapter 2

Bell-Ringer 11/12Bell-Ringer 11/12

►Copy and explain this quote.Copy and explain this quote.

►““Even when laws have been Even when laws have been written down, they ought not written down, they ought not always remain unaltered.”always remain unaltered.” AristotleAristotle

What are some laws that have What are some laws that have been challenged or changed been challenged or changed

over time?over time?

►What changes do you see happening What changes do you see happening currently?currently?

►Who makes these changes?Who makes these changes?►What roles to citizens play in making What roles to citizens play in making

sure our laws reflect our values?sure our laws reflect our values?

Objectives:Objectives:►Roles of federal, state, and local Roles of federal, state, and local

lawmaking.lawmaking.►Laws made at different levels.Laws made at different levels.►Define: ordinance, statute, bill, Define: ordinance, statute, bill,

legislative intent.legislative intent.►Purpose of Supremacy ClausePurpose of Supremacy Clause► Identify rules that judges use to Identify rules that judges use to

determine intent.determine intent.► Interpret the intent of a lawInterpret the intent of a law►Five guidelines for drafting laws.Five guidelines for drafting laws.

Role-playRole-play

►A proposal has been made to change A proposal has been made to change the way that the Local School Council the way that the Local School Council is chosen.is chosen.

►““All students over the age of All students over the age of 14 should be able to vote for 14 should be able to vote for members of the school board.”members of the school board.”

““All students over the age All students over the age of 14 should be able to of 14 should be able to vote for all members of vote for all members of the Local School Council the Local School Council

(LSC).”(LSC).”►PerspectivesPerspectives

StudentsStudents PrincipalPrincipal TeachersTeachers ParentsParents CommunityCommunity

Bell-Ringer 11/14Bell-Ringer 11/14

►““All students over the age of 14 All students over the age of 14 should be able to vote for all should be able to vote for all members of the Local School members of the Local School Council (LSC).”Council (LSC).”

►How might the principal of the How might the principal of the school react to this proposal?school react to this proposal?

Lawmaking pages 19-24Lawmaking pages 19-24►Where do Where do

laws come laws come from?from?

► Laws come from many Laws come from many placesplaces LegislatorsLegislators VotersVoters Administrative agenciesAdministrative agencies CourtsCourts

► LegislaturesLegislatures Power divided Power divided

►Federal vs. stateFederal vs. state laws for all or somelaws for all or some

CongressCongress►2 houses2 houses►Senate 100 membersSenate 100 members►House of Reps. 435 mbrs.House of Reps. 435 mbrs.

Lawmaking pages 19-24Lawmaking pages 19-24►QuestionsQuestions ►NotesNotes

Lawmaking pages 19-24Lawmaking pages 19-24►QuestionsQuestions ►NotesNotes

Homework 11/12Homework 11/12

►The Unclear Law The Unclear Law – – Problem 2.2 (Handout)Problem 2.2 (Handout)

In small group, discuss In small group, discuss whether each vehicle should whether each vehicle should be allowed in the park. (10 be allowed in the park. (10 minutes)minutes)

Review QuizReview Quiz

►What do legislatures do?What do legislatures do?►Make lawsMake laws

U.S. Congress U.S. Congress Illinois General AssemblyIllinois General Assembly Chicago City CouncilChicago City Council

Bicameral – two housesBicameral – two houses Unicameral – one houseUnicameral – one house

Legislative PowersLegislative Powers

►FederalFederal SharedShared StatesStates

Problem 2.1Problem 2.1

►Parking lawsParking laws►School LawSchool Law►Bank RobberyBank Robbery►Vendor’s permitVendor’s permit►Discrimination in workplaceDiscrimination in workplace► Interstate TravelInterstate Travel

► Immigration?Immigration?

Bell-Ringer 11/17Bell-Ringer 11/17Copy and fill in the blanks.Copy and fill in the blanks.

►Laws are the _______and Laws are the _______and regulations made and regulations made and enforced by __________ enforced by __________ that regulate the that regulate the ___________ of__________ in ___________ of__________ in a society.a society.

►The Unclear Law The Unclear Law – – Problem 2.2 (Handout)Problem 2.2 (Handout)

In small group, discuss In small group, discuss whether each vehicle should whether each vehicle should be allowed in the park. (10 be allowed in the park. (10 minutes)minutes)

Rewrite the Law Rewrite the Law

►Homework:Homework:

►After your discussion, rewrite the After your discussion, rewrite the regulation in problem 2.2 to better regulation in problem 2.2 to better address the “intent” of the law.address the “intent” of the law.

Group 1Group 1 Group 2Group 2 Group 3Group 3 Group 4Group 4

AA No, not safe, No, not safe, not for time not for time savingssavings

No, No, speeding, speeding, dangerousdangerous

No, not No, not necessarynecessary

No, not No, not necessarynecessary

BB Yes, clean Yes, clean parkpark

Yes, public Yes, public service/jobservice/job

No, too loudNo, too loud Yes, clean Yes, clean place, airplace, air

CC No, No, speeding is speeding is dangerousdangerous

Yes, catch Yes, catch criminal criminal /sirens/sirens

No, No, dangerousdangerous

No, No, dangerousdangerous

DD No, might No, might make more make more injuryinjury

Yes, save Yes, save liveslives

Yes, save Yes, save lives/sirenslives/sirens

Yes, life and Yes, life and deathdeath

EE Yes, stroller Yes, stroller not a vehiclenot a vehicle

Yes, not Yes, not dangerousdangerous

Yes, not Yes, not disruptive, disruptive, not a vehiclenot a vehicle

Yes, no Yes, no pollution.pollution.

FF Yes, not Yes, not disruptivedisruptive

Yes, Yes, harmlessharmless

Yes, Yes, harmless.harmless.

No, No, dangerous. dangerous. Tyler stinks.Tyler stinks.

GG Yes, Yes, wheelchair wheelchair is necessaryis necessary

Yes, needs Yes, needs it.it.

Yes, no Yes, no harmharm

Yes, Yes, discriminatiodiscriminationn

►Legislative intentLegislative intent What is the purpose of a law?What is the purpose of a law?

►What do you want to happen?What do you want to happen?

►The Unclear LawThe Unclear Law IntentIntent

►Safety of peopleSafety of people►Preserve the environmentPreserve the environment

Problem 2.3: Drafting a LawProblem 2.3: Drafting a Law

► A. Problem?A. Problem?► B. Legislative IntentB. Legislative Intent► C. C. Details to be Details to be

addressedaddressed

►D. Draft ProposalD. Draft Proposal► E. Guidelines E. Guidelines

(Check?)(Check?)

►Guidelines?Guidelines? Clear LanguageClear Language UnderstandableUnderstandable Effective dateEffective date ContradictionsContradictions EnforceableEnforceable PenaltiesPenalties

Period 8Period 8 Group 1Group 1 Group 2Group 2 Group 3Group 3 Group 4Group 4

AA No, not safeNo, not safe No, pollutionNo, pollution

No exceptionsNo exceptionsNo, not an No, not an emergencyemergency

No, not No, not necessary necessary routeroute

BB No, dirty, No, dirty, pollute pollute environmentenvironment

No, too big, No, too big, dangerousdangerous

No, should find No, should find another wayanother way

Yes, needed to Yes, needed to keep things keep things cleanclean

CC No, cause No, cause accidentaccident

No, safetyNo, safety Yes, dangerous Yes, dangerous criminalcriminal

No, danger to No, danger to citizenscitizens

DD No, cause No, cause accidentaccident

No, safetyNo, safety Yes, save a lifeYes, save a life Yes, save a Yes, save a life.life.

EmergencyEmergency

EE Yes, not a Yes, not a vehicle.vehicle.

Yes, not Yes, not dangerous, dangerous, only a babyonly a baby

Yes, no harm.Yes, no harm. Yes, safe.Yes, safe.

FF No, dangerous No, dangerous to childrento children

No, kids might No, kids might hurt hurt themselvesthemselves

No, damage No, damage the grassthe grass

GG

Tuesday Bell-Ringer 11/18Tuesday Bell-Ringer 11/18

►What was the legislative intent of What was the legislative intent of putting up this sign in the park?putting up this sign in the park?

No Vehicles in the Park

AgenciesAgencies

► Administrative agencies authorized by Administrative agencies authorized by legislative action.legislative action.

► Agencies develop rules and regulationsAgencies develop rules and regulations Make laws more specificMake laws more specific

► Example: OHSA Occupational Safety Health Example: OHSA Occupational Safety Health AdministrationAdministration Congress empowered to improve working Congress empowered to improve working

conditionsconditions Handicap ramps, guardrails, cleanliness, air qualityHandicap ramps, guardrails, cleanliness, air quality

AgenciesAgencies

► EPA – Environmental Protection AgencyEPA – Environmental Protection Agency Enforce environmental lawsEnforce environmental laws

►Department of Homeland SecurityDepartment of Homeland Security Formed after September 11, 2001Formed after September 11, 2001 Protect, defend against terrorismProtect, defend against terrorism

► TSA – Transportation Security Admin.TSA – Transportation Security Admin. Protect roads, airports, trainsProtect roads, airports, trains Part of the Department of TransportationPart of the Department of Transportation

Local AgenciesLocal Agencies

►Most affect on you…Most affect on you… Building codesBuilding codes Business licensesBusiness licenses Local School CouncilLocal School Council

►Agencies are “hidden” lawmakers.Agencies are “hidden” lawmakers. Hold Public Hearings to inform and gauge Hold Public Hearings to inform and gauge

opinionsopinions Congress – “Printed in Federal Register”Congress – “Printed in Federal Register”

Wednesday - Bell-Ringer Wednesday - Bell-Ringer 11/1911/19

►No man's life, liberty, or No man's life, liberty, or property is safe while the property is safe while the legislature is in session. – legislature is in session. –

►Mark TwainMark Twain (1866) (1866)

►Explain Twain’s quote.Explain Twain’s quote.

Bell-Ringer 11/20Bell-Ringer 11/20Why do you think former Why do you think former

President Ronald Reagan would President Ronald Reagan would have said this?have said this?

““Government is not a Government is not a solution to our solution to our problems, problems, government is the government is the problem."problem."

CourtsCourts

► TrialsTrials Defendant can Defendant can

appealappeal Appeals/Appellate Appeals/Appellate

CourtCourt

PrecedentPrecedent►A written opinionA written opinion►Establishes a Establishes a

traditional traditional interpretation of law.interpretation of law.

Legal PrecedentLegal Precedent

► Case: Brown vs. Board of EducationCase: Brown vs. Board of Education► Brown's daughter Linda, a third grader, had Brown's daughter Linda, a third grader, had

to walk six blocks to her school bus stop to to walk six blocks to her school bus stop to ride to ride to Monroe ElementaryMonroe Elementary, her segregated , her segregated black school one mile away, while Sumner black school one mile away, while Sumner Elementary, a white school, was only seven Elementary, a white school, was only seven blocks from her house. blocks from her house.

► Ruling by the court…Ruling by the court… ““Education…is a right which must be made Education…is a right which must be made

available to all on equal terms.”available to all on equal terms.”

International LawmakingInternational Lawmaking► Applies to conduct of countriesApplies to conduct of countries

Treaties – a contract among countriesTreaties – a contract among countries► Regulate InternationalRegulate International

TradeTrade RefugeesRefugees BordersBorders Ownership rightsOwnership rights Copyrights and patentsCopyrights and patents

United Nations 1945United Nations 1945► New York – 200 countries meetNew York – 200 countries meet► U.N. Charter, World Trade Organization, UNESCOU.N. Charter, World Trade Organization, UNESCO► Heavily funded by U.S. / Not always followed by U.S.Heavily funded by U.S. / Not always followed by U.S.► World CourtWorld Court

European Union (EU) 2003European Union (EU) 2003► Countries of Europe UniteCountries of Europe Unite► Laws, currency, parliamentLaws, currency, parliament

Assignment 11/20Assignment 11/20

►Problem 2.5: United Problem 2.5: United Nations ActionNations Action

►Binder Check – MondayBinder Check – Monday►Test on MondayTest on Monday