How Law is Made and Legitimacy (Vocabulary Flashcards)

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Vocabulary flashcards covering who makes laws, how laws are created, legitimacy (substantive and procedural), and an example related to emergency measures and enforcement.

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13 Terms

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Legislators

Members of Congress or state legislatures who create laws for the federal or a state government.

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Judges

Officials who interpret laws and decide cases; when no statute exists they can effectively create law through interpretation.

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Administrative agencies

Government bodies (e.g., FDA, SEC) that make law through rulemaking and regulations.

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Substantive legitimacy

The content of a law—whether it is just, reasonable, and fair.

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Procedural legitimacy

The process by which a law is enacted, including proper procedures and authority being followed.

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Right to pass a law

Legal authority granted by the constitution for lawmakers to enact laws.

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Free and fair elections

Elections that are conducted properly and without undue manipulation, ensuring elected officials have legitimate authority.

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State of emergency

A temporary condition allowing expanded governmental powers, which may enable actions like mandates during the crisis.

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Mask mandate

A law or regulation requiring people to wear masks; its enforceability can be contested if the emergency status ends.

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Constitutional authority

The legal power granted by the US or state constitution to enact and enforce laws.

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New York Constitution

The state constitution that provides the framework and limits for lawmaking within New York.

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Sources of law

Origins of laws, including statutes from legislatures, constitutions, administrative regulations, and judicial decisions.

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Influence on decision-makers

The factors or actors that affect how legislators, judges, and agencies make legal decisions.