Chapter two

Law
making
Main Points
1. Sources of law
2. How Laws are Made
3. Law making process
1. Sources of law
Laws come from many sources:
1. Constitution
2. Legislatures
3. Voters
4. Administrative Agencies
5. Courts - Appeals
1. Sources of law
1. Constitution
 US Constitution divides the power to make laws
between Federal and State governments.
Federal legislature is made up of two houses:
1. Senate(is the smaller and more important of the two
parts of the parliament)–100 members, 2 from each
state
2. House of Representatives(is the less powerful of the
two parts of Congress in the United States) – 435
members, each state represented according to size.
1. Sources of law
2. Legislatures
2.1 Federal Legislatures
refers to the federal authority to legislate,
exercise or executive judicial powers within a
specified area. When the Federal Government
has legislative jurisdiction over a particular
land area, it has the power and authority to
enact, execute, and enforce general legislation
within that area.
1. Sources of law
Laws passed by Congress( national legislative
body, especially that of the US). affect every state.
Some kinds of laws that affect every state
Environment Civil Rights
National Defense Economic
development
Labor Relations Postal Services
Federal Taxes Public Health
1. Sources of law
2.2. State Legislatures
make laws called state statutes(a written
law passed by a legislative body)
State Legislatures set up like Federal
Legislature – most of them have 2 houses
except Nebraska.
1. Sources of law
the U.S. Congress, is bicameral in
structure, meaning that it consists of two
chambers, in this case the House of
Representatives and the Senate. Each state
has a legislature, and all
state legislatures have two houses, except
the Nebraska Legislature, which has only
one
1. Sources of law
States have more freedom– they can pass laws
that aren’t governed by the U.S. Constitution.
States pass laws that affect the whole state.
Here are some laws that affect the whole state:
Education Traffic
State Taxes Marriage and Divorce
Most Criminal Laws Powers and Duties of
State Officials
1. Sources of law
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(A clause in Article VI of the U.S.
Constitution that declares federal laws to have
jurisdictional authority over state laws in the
event there is conflict between laws established
by two governing bodies)
1. Sources of law
“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
1. Sources of law
2.3. Local Lawmaking Bodies
Cities, Towns, Counties Pass laws called “ordinances or
regulations”
These are laws that probably affect you the most.
examples of local laws include:
Traffic Laws
Land Use/Zoning
Schools
Regulations of Local Business
1. Sources of law
3. Government Agencies
Some laws come from government agencies
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.
1. Sources of law
4. Courts
Laws can be made by the courts
If you lose a trial(a formal meeting in a law
court, at which a judge listen to evidence
and decide whether a person is guilty of
a crime), you can appeal/ request to a higher
court.
These higher courts are called appeals or
appellate courts.
1. Sources of law
When an appeals court decides a case,
it issues a written opinion that sets a
standard for all other similar cases.
All lower courts have to follow that
standard, thus making it a law.
2. How Laws are Made
To pass a law…
Legislatures introduce a bill(a draft of a proposed law
presented to parliament for discussion)
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
A good law is clear and easy for everyone
to understand.
3. Law making process
Law making process Outlines the
chain of events from the drafting of a
legislative bill to be introduced by the
Cabinet, to its approval and
promulgation:
3. Law making process
(1) Drafting of a legislative bill
A legislative bill that is to be introduced by
the Cabinet is drafted by the ministry having
the jurisdiction. Consultations take place with
other ministries concerned, then the final
draft of the legislative bill has now been
prepared.
3. Law making process
(2) Examination by the Cabinet
Legislation Bureau
All legislative bills that are to be introduced
by the Cabinet are examined by the Cabinet
Legislation Bureau before Cabinet meetings
Once the preliminary examination is
completed, the state minister in charge
requests the submission of the bill to the Diet.
3. Law making process
(3) Cabinet decision to submit the
bill to the Diet
As to the legislative bill for which a
Cabinet meeting has been requested, if
the Cabinet decides in favor without
objection, the Prime Minister submits
the bill to the Diet.
3. Law making process
(4) Examination by the Diet
When a legislative bill is submitted House
of Representatives the leader of the House
refers the bill to an appropriate committee.
When the committee completes its
questioning and deliberation, its chair
person declares, and a vote is taken on, the
issue of whether or not to approve the bill
3. Law making process
(5) Enactment of a new law: A
legislative bill becomes a law when it
passes both the House of
Representatives and the House of
Councilors.
3. Law making process
6) Promulgation of the new law
The newly enacted law must be
promulgated within 30 days from the
date on which the leader of the House
that examined the bill.
THANKS
For your attention