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LOOKING AT LAWMAKING
Levels of Government
In our federal system of government, the government shares powers between three levels:
Government
Federal
State
Local
Branches of Government
Federal
State
Local
Legislative Branch
Executive Branch
Judicial Branch
Each level of government is then divided into three branches of government.
The legislative, executive, and judicial branches all have different powers, responsibilities, and requirements.
What does the legislative branch do?
Legislative BranchMakes the law Congress
Florida Legislature
City Commission/Council
County Commission
School Board *Number varies according to population
U.S. House of Representatives (435
Members)U.S. Senate (100 Members)Florida House of Representatives (120
Members)Florida Senate (40 Members)
Congressmen/Congresswomen
U.S. RepresentativeU.S. Senator
Florida Legislator Florida Representative
Florida Senator
Commissioner Councilman/Councilwoman
Who serves in the Legislative Branch?
What does the executive branch do?
Executive Branch
Enforces the law
President Vice President
Cabinet Members
Governor Lieutenant Governor
Cabinet Members
Mayor
Who serves in the executive branch?
The Cabinet's role is to advise the
President on any subject he may require
relating to the duties of each member's
respective office. The Florida Cabinet's role is to advise the
Governor and is made up of the Attorney
General, the Chief Financial Officer, and the
Commissioner of Agriculture. Processes and policies for the office of the
mayor will vary by city. Research your local
government to find the role of your mayor!
What does the judicial branch do?
Judicial BranchInterprets and applies
the law
Justices of the United States Supreme Court
Appellate Judges Trial Judges
Justices of the Florida Supreme Court Appellate Judges
Trial Judges
Who serves in the judicial branch?
State Trial Courts • Circuit Courts • County Courts
• Florida Supreme Court
• District Courts of Appeal
• U.S. Supreme Court
• U.S. Circuit Courts of Appeal
• U.S. District Courts
Who Does What?
On your worksheet, you will need to correctly identify each branch of government, the role of the
branch, and the titles/offices of government officials for each level of government. For the judicial branch,
you will need to identify the levels/types of courts.
Who Does What? Branch of
Government Legislative Executive Judicial
Role of this branch Make law Enforce law Interpret and apply the law
Branch of Government
Role of this branch
Federal • Congressman/ Congresswoman• U.S. Senator• U.S.
Representative
• President • Vice President
• U.S. Supreme Court
• U.S. Circuit Courts of Appeal
• U.S. District Courts
State • Florida Senator • Florida
Representative
• Governor • Lieutenant
Governor
• Florida Supreme Court
• District Courts of Appeal
Local • Councilman/ Councilwoman • County/City
Commissioner
• Mayor • Circuit Court • County Court
LOOKING AT LAWMAKING
How are laws made in the legislature?
Conversation Starter:
• Individually write 2-3 sentences for each question. In your group, discuss and compare your responses. – What did Locke say would happen if
there was no government or social contract?
– What would our country be like without laws?
The Hierarchy of Law
City and County Ordinances
State Statutes (laws)
Florida Constitution
Acts of Congress
United States Constitution
The U.S. Constitution is the “Supreme
Law of the Land.”
If there is a conflict between a lower law and a higher one, the
higher one “prevails”.
Where does it come from?
• Where does Congress get the power to make acts?
• Where does the Florida legislature get the power to make laws (statutes) for the state?
• Where does the local government get the power to make ordinances?
Constitution of the
State of Florida
Click the pic to see a Fact of Congress on how a bill
becomes a law!
The Bill Begins
• Laws begin as ideas from individual citizens, groups, or Representatives .
• What kinds of ideas important to Florida would a congressman/congresswoman bring up during session?– Immigration – National security issues– Healthcare – Human trafficking – Tax laws – Minimum wage – NASA funding
The Bill is Proposed
• When a Representative has written a bill, the bill needs a sponsor.
• Once a bill has a sponsor and the support of some of the U.S. Representatives, it is ready to be introduced.
The Bill is Introduced
• In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk’s desk.
• The bill clerk assigns it a number that begins with H.R.
• A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees.
What is a committee?
Committees
• Groups of Representatives or Senators who are experts on topics such as agriculture, education, or international relations
Some Congressional Committees:• Agriculture, Nutrition, and Forestry • Appropriations • Armed Services • Banking, Housing, and Urban Affairs • Budget • Commerce, Science, and Transportation • Education and the workforce • Energy and Natural Resources • Environment and Public Works
• Ethics• Finance • Foreign Relations • Health, Education, Labor, and Pensions • Homeland Security and Governmental
Affairs • Judiciary • Rules and Administration • Small Business and Entrepreneurship • Veterans' Affairs
The Bill Goes to Committee
• When the bill reaches committee, the committee members review, research, and revise the bill before voting on whether or not to send the bill back to the House floor. The bill may be sent to
a subcommittee if more information is needed. Here, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.
The Bill is Reported
• When the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives.
The Bill is Debated
• When a bill is debated, Representatives discuss the bill and explain why they agree or disagree with it.
• Then, a reading clerk reads the bill section by section and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.
The Bill Is Voted On
There are three methods for voting on a bill in the U.S. House of Representatives:1. Viva Voce (voice vote): The Speaker
of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.”
2. Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.
3. Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).
If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.
The Bill is Referred to the Senate
• When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on.
• Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.” If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to go to the President.
The Bill Is Sent to the President
When a bill reaches the President, he has three choices. The President can:1. Sign it—the bill becomes a law.2. Veto (refuse to approve) it —the bill is sent back
to Congress. 3. Do nothing —if Congress is in session, the bill
automatically becomes law after 10 days. If Congress is not in session, the bill does not become a law.
Is a veto the end of a bill?
• Not quite…– If the U.S. House of Representatives and
the U.S. Senate still believe the bill should become a law, they can hold another vote on the bill.
– If two-thirds of the Representatives and Senators support the bill, the President’s veto is overridden and the bill becomes a law.
Put It In a Puzzle
Using Handout B and the index cards provided, you will be creating puzzle study cards on how a bill becomes a law on
the federal level. On the side with lines, summarize the steps in the process. On
the opposite side, illustrate the step of the process.
Idea and Drafting
Idea from citizen, group or Representative is drafted
into a bill.
.
Bill Proposed The bill needs a sponsor and support. Once this
happens, it is ready to be introduced.
Bill IntroducedA bill is introduced when it is
placed in the hopper. It is assigned a number and the
bill is read to all Representatives.
CommitteeCommittee members review, research and revise the bill and then vote on whether it
should be sent to the House floor. May be sent to a subcommittee if more information is
needed.
Bill is ReportedOnce approved by a
committee, the bill is sent, or reported, to the House floor.
Bill is Debated
Representatives discuss the bill and explain their stance on it. The clerk then reads the bill , accepts edits, and then finalizes the changes.
Vote on Bill
The bill is then voted on. A majority is needed for the bill
to pass the House. If it passes, it is certified by the Clerk and delivered to the
Senate.
Bill Referred to the Senate
The bill goes through the same processes as in the House. It is
reviewed in committee and reported to the Senate floor
where it is voted on.
Sent to the President
If the President vetoes the bill, the Legislature may
override his/her veto by a 2/3 vote.
LAW
If the President does not veto the bill, the bill
becomes law.
HOW DOES A BILL BECOME A LAW IN
FLORIDA?
Let’s look at the process…
IDEA
From citizen, group or legislator
.
BILL DRAFTED
Bill written by staff and assigned a number..
DECISION
The legislator decides if the idea should be a bill.
1ST READING
Published in Chamber Journal.
COMMITTEE ASSIGNMENT
/MEETINGBill is reviewed, voted on, and can be placed on calendar or allowed to die in committee.
2ND READINGBill is read on floor of Chamber and may be
placed on Special Order Calendar by vote.
3RD READINGFinal reading of the bill. The bill is voted on and may die
if it does not receive a favorable vote.
Consideration by Opposite Chamber
Same process as original Chamber.
Return to Original Chamber
Final versions of the bill must be identical in both
Chambers.
GOVERNOR CONSIDERATION
Governor can sign the bill into law, allow the bill to become law without signing, or veto
the bill.
GOVERNOR FINAL ACTIONS
If the Governor vetoes the bill, the Legislature may
override his/her veto by a 2/3 vote.
LAW
If the Governor does not veto the bill, the bill
becomes law.
In summary, this is how a law is made:
IDEA
From citizen, group or legislator
.
BILL DRAFTED
Bill written by staff and assigned a number.
Consideration by Opposite Chamber
Same process as original Chamber.
GOVERNOR CONSIDERATION
Governor can sign the bill into law, allow the bill to become law without signing, or veto
the bill.
GOVERNOR FINAL ACTIONS
If the Governor vetoes the bill, the Legislature may
override his/her veto by a 2/3 vote.
LAW
If the Governor does not veto the bill, the bill
becomes law.
COMMITTEE ASSIGNMENT
/MEETINGBill is reviewed, voted on, and can be placed on calendar or allowed to die in committee.
Check For Understanding
What are some important words to look for in this question?
Which answers can we eliminate?