What would the world be like if there were no laws?

Law Defined

Law: the rules and regulations made and enforced by the government that regulate the conduct of people within a society

The Rule of Law• Without laws, there would probably be mass confusion

and disorder• The most peaceful and prosperous societies tend to have a

strong respect for the “rule of law”• In countries governed by the rule of law,

• everyone, including government officials, is expected to obey the law and is held accountable if they don’t

• laws are clear, stable, and fair; are applied evenly; and protect individual rights

• the process by which the laws are enacted and enforced is fair and efficient, AND

• justice is delivered in a timely fashion by competent, ethical, and independent officials

Law and Values• The legal system is strongly influenced by society’s ideas of right and wrong

• E.g. murder is both illegal and immoral• But not everything that is immoral is illegal, and vice versa

Purposes of Law

• Maintain order• Resolve disputes• Protect rights

Warm Up:

Complete the “Apathetic Bystanders” worksheet (on cart by door). When finished, discuss your answers with your tablemate.

Types of Laws

Two main categories:

Criminal Law Civil Law

• Criminal Laws – regulate public conduct and establish duties that individuals owe to society

• Only government can bring a criminal case against a person charged with a crime

• Criminal laws have penalties – fines, imprisonment, probation, etc.

Criminal Law

• Civil Laws – regulate relations between individuals• A civil action is a lawsuit brought by someone who

feels wronged by another person or group• Courts may order the person who committed the wrong

to pay the injured person, or make amends in some other way

Civil Law

Overlap• Sometimes, actions can violate civil AND criminal laws,

resulting in two separate court cases• O.J. Simpson• Won Criminal Case• Lost Civil Case

Burden of Proof• To convict a defendant (the person being sued or

accused of a crime), the prosecutor (the attorney for the government who conducts a criminal case) must prove beyond a reasonable doubt that the defendant committed the crime

• To a win a civil case, a plaintiff (the person bringing the lawsuit) must show that the defendant was wrong by a preponderance of the evidence

• In other words, the judge (or jury) only has to determine that it is more likely than not that that the defendant was wrong for the plaintiff to win

• In the United States, the Constitution is the ultimate source of law

• The Constitution…• lays out the basic framework of

our government• lists the federal government’s

powers• places limits on those powers• lists individual rights that can’t be

taken away by the government

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Where Do Laws Come From?

The Constitution• The fundamental principle of the Constitution is limited

government• The Constitution only gives the federal government authority

to pass laws in the areas listed in Article I

• The doctrine of separation of powers helps achieve the fundamental principle• The legislative branch (Congress) passes laws, called

statutes• The executive branch (the president and federal agencies)

enforces the law• The judicial branch (the court system) clarifies the law by

applying it to specific cases

The Constitutional Framework• Each branch of government has the power to restrain the other

branches through a system of checks and balances • For example…

• Congress can investigate federal agencies• Congressmen can be prosecuted in court for breaking the law• The president can veto, or refuse to approve, laws passed by

Congress

Judicial Review • The most import check is the courts’ power of judicial review

• This power allows a court to declare any law unenforceable if it violates the Constitution

• A court can declare a law unconstitutional if 1) it falls outside of the government’s express

powers, OR2) it violates someone’s rights

Federalism• The Constitution also divides power between the states

and the federal government – this is called federalism • Federal government’s powers are listed in the Constitution,

while everything else is left to the states• Most civil and criminal laws are passed by state and local

governments; there are many differences in laws between states

• For example:• In Arizona, you can get a learner’s permit when you turn

15 ½ and a full driver’s license at 16• In South Dakota, you can get a permit at 14, and a full

license at 14 and 3 months.

The Bill of Rights• Limited government is also displayed in the Bill of

Rights, the first 10 Amendments to the Constitution• The Bill of Rights defines the fundamental rights of all

Americans, including:• Freedom of religion, speech, and press• Freedom from unreasonable searches and seizures• Freedom to own muskets

• Courts have ruled that most provisions of the Bill of Rights also limit the powers of state and local governments, not just the federal government

Warm Up:

Pick up “Matt and Kenji” worksheet from cart and complete on your own

Review1.What are the two main types of law?2.Why is it (usually) harder for the government to win a criminal

case against a defendant than it is for a private citizen to win a civil case against the same defendant for the same wrongdoing?

3.What is the ultimate source of law in the United States?4.What are the three branches of government?5.What is one way the executive branch can restrain the power

of the legislative branch?6.What’s one way the judicial branch can check the power of the

executive branch?7.What is federalism?8. Can the Constitution be changed?

Changing the ConstitutionA proposed amendment to the Constitution may be

approved:

1) by a two-thirds vote of each house of Congress (Senate and House of Representatives), OR

2) at a constitutional convention called by two thirds of the states

In either case, the amendment then must be approved by the legislatures of three fourths of the states

Take 3 minutes to examine the following situations and decide whether each case involves the principles of separation of powers, checks and balances, judicial review, and/or federalism.

a. A state passes a law requiring a prayer at the beginning of each day in all public schools. The courts rule that the law violates the First Amendment's establishment of religion clause.

b. An official in the U.S. Department of Housing and Urban Development is accused of receiving kickbacks of money for making contracts with certain private corporations. She is required to testify before a congressional committee about this and is prosecuted in court.

c. The U.S. Congress passes a law that restricts imports of all handguns from other countries. The legislature in Nebraska allows the sale of handguns to anyone over age 18.

With your tablemate…

Lawmaking• At both the federal and state levels, legislatures are the

primary lawmaking bodies• The U.S. Congress, the federal legislature, is made up of two

houses:1. The Senate

• 100 members• 2 from each state

2. The House• 435 members• number per state based on population

• Congress can pass laws that apply to people in every state• State legislatures can only pass laws that apply to people

within their borders

Lawmaking• Congress can’t legislate unless given the power to do so in

the Constitution• Some of the enumerated powers include:

• Regulating trade with foreign countries and between states

• Declaring war• Printing money• Issuing patents

• States have broader power: they can legislate in any area not granted to the federal government• e.g. Texas can’t print its own money or declare war

against Mexico, but it can set the sentencing guidelines for crimes committed within its borders

Local Governments• Cities, towns and counties also have lawmaking bodies

• e.g. town councils, boards of aldermen, boards of education

• Local governments pass laws called ordinances • Issues typically regulated by local governments include land

use, parking, schools, and regulation of local businesses• Local governments receive their power from the state

government

Conflicts of Law• Federal law trumps any conflicting state or local laws

• E.g. in the 1960s, federal anti-segregation laws conflicted with separate accommodation laws in the South.

• The courts ruled the state laws invalid based on Article VI of the Constitution, the supremacy clause, which states that “the Constitution and the Laws of the United States…shall be the supreme law of the land.”

Passing New Laws• Legislatures respond to constituents’ needs by introducing

new laws in the form of bills• Bills are used to enact new laws or to change or repeal

existing laws• A bill passed by the legislature and not vetoed by the

executive branch becomes a law

Executive Orders• In limited cases, the President can issue an

executive order – an order to a federal agency which has the full force of law

• No Congressional approval required!• Can be challenged and ruled unconstitutional• Some notable examples:

• Lincoln - The Emancipation Proclamation• FDR – internment of Japanese-Americans during

World War II• Obama – order to ICE not to deport certain

immigrants

Schoolhouse Rock!