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Studied by 12 peopleMaking of Laws Review
- List the three sources of law and explain
Constitutional law is the first source of law. Every state has two constitutions: the federal or US Constitution, which governs the entire United States of America, and the state constitution. Statutory law is the second source of law. While the Constitution governs government conduct, legislation govern and regulate private or individual actions. A statute is a written (and published) piece of legislation that can be implemented in one of two ways. The legislative branch of government drafts most statutes and votes them into law. Case law is the third source of law. When judges make decisions based on the facts of a case, they produce case law. State case law comes from state courts, whereas federal case law comes from federal courts. The origins of case law can be traced back to English common law. - What is the historical origins of the United States laws?
In its earliest origins, the American legal system was influenced by the British legal system. It dates back to the original 13 colonies, when the founding immigrants brought a system of laws and ideals with them to establish a new community. - What are the Bill of Rights?
The first ten amendments of the United States Constitution are known as the Bill of Rights. It outlines the rights of Americans in connection to their government. Individual civil rights and liberties, such as freedom of speech, press, and religion, are guaranteed. It establishes norms for due process of law and delegated to the people and states all powers not delegated to the federal government. - Explain the 1st amendment
The First Amendment protects various rights, including the right to express ideas through speech and the press, the right to assemble or meet with a group for protest or other purposes, and the right to petition the government to rectify problems. It also safeguards the freedom to follow one's religious views and practices. It makes it illegal for the government to create or favor a religion. - Explain the 2nd amendment
The right to keep and bear arms is guaranteed by the Second Amendment. - Explain the 4th amendment
The Fourth Amendment prohibits the government from searching or seizing an individual's private property without a warrant. - Explain the 8th amendment
Excessive bail and fines, as well as cruel and unusual punishment, are prohibited under the Eighth Amendment. - Explain the entire process of how laws are made from beginning to end.
Bills are introduced in either house (First Reading), handed over to the Clerk or Secretary, and given a title and number.
A Committee has been assigned to you (s).
Hearings are held, and the Committee may invite interested citizens to testify in favor or against the proposal.
Amendments: A Committee may change a Bill to the point that a new version is written to replace the original (a "Clean Bill").
Committee vote on whether the bill should be "reported" to the entire House or Senate. The majority of the time, a bill is reported favorably. If a Committee does not want a Bill to become law, it will simply table it (allows the Bill to die in Committee) Leaders of the houses have set a date for debate and a vote on the bill.
Debate in Congress: The bill is sent back to either the House or the Senate to be considered.
Second Reading: Following the discussions, the Bill is read in portions, with the opportunity for changes.
Third Reading: The bill is read by title and the entire Senate votes on it.
Bill passes through the same stages in the Senate as it does in the House of Representatives.
If both Houses pass the bill in nearly the same form, it is sent to the President for signature. If separate versions of the law pass in each chamber, a conference committee made up of members from both chambers works out the differences before returning the amended measure to each chamber for a vote.
Revision: The Conference Committee's revised bill is voted on again in each house.
The Bill is signed or vetoed by the President. If the bill is signed, it becomes law; if it is vetoed, it must be approved by two-thirds of each chamber to become law.
If the President vetoes a bill, Congress can override it with a 2/3 vote.
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