Chapter 3: Legislation

What can happen when a bill is passed by congress and sent to the president?

it either becomes a law or veto, but congress can accept or reject the veto

The legislature must adjust the law to changing times while _____.

keeping sight of the basic guarantees of the constitution

Congress lawmaking power includes:

power to tax, raise and support armies, declare and support war, regulate interstate commerce, and enact laws necessary and proper to carry out its power and objectives

distinguish statutory law from judicial law?

statutory law: Law that is created by the legislature. judicial law: developed by judges through decisions of courts and similar tribunals that decide individual cases

What are annotated statutes and what purpose do they serve?

they have annotations which tell the judicial opinions that interpret the belief

What is the purpose of procedural law?

used to guide parties fairly and efficiently through the legal system.

What is the purpose of protective laws?

what conduct will or will not be considered acceptable

How do the house of representatives and the senate avoid duplicating work?

work together to draft laws that will meet the approval of the entire congress

Where do revenue-raising bill originate and why?

"All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills

Representative

A person elected to the House of Representatives, the composition of which is designed to ensure equal representation of all citizens. Must be at least 25 years old, have been a U.S. citizen for at least 7 years, and reside in the state that he or she is representing.

Senator

A person elected to the U.S. Senate, the composition of which is designed to ensure equal representation of all states. Must be at least 30 years old, have been a U.S. citizen for 9 years, and be a resident of the state he or she is elected to represent.

Bill

A proposed law introduced to the legislature for consideration.

Describe the process of enactment of a Constitutional Amendment.

An amendment must pass both houses with a 2/3 majority.

United States Code

Collection of all federal laws and statutes

Describe the method of election of members to both houses of Congress

Constitutional: -must be at least 25 years old -citizen of the U.S. for at least 7 years -an inhabitant of the State from which he/she is elected Custom: -must live in the district which he/she represents

What is the purpose of remedial statutes?

Creates an alternative action or a means to enforce a right

Remedial Statute

Creates an alternative action or a means to enforce a right. (Ex. Thirteenth Amendment)

Pocket Veto

If the President does not sign a bill into law within 10 days, and Congress is not in session, it is defeated by a pocket veto.

Who are lobbyist and what is their fuction?

Individual hired to meet with legislators about proposed laws.

Lobbyists

Individual hired to meet with legislators regarding proposed laws.

Session law

Law passed during a particular session of Congress

Statutory Law

Law that is created by the legislature.

Procedural Law

Law that is used to guide parties fairly and efficiently through the legal system.

Protective Law

Law that states what conduct will or will not be considered acceptable

Supplements

Paperback books issued between publications of bound books of the United States code that contain new legislation

Veto

Presidential power to invalidate law passed by a majority of Congress. A two-thirds majority of each house is needed to override a veto.

Codification

Process of incorporation newly passed legislation into the existing legal/statutory code.

Session Law

Published statutes that were passed during a specific session of the legislature.

Annotated Statutes

Statutes that have annotations -- one sentence descriptions of judicial opinions that interpret the statute

What is the function of the legislative branch?

To provide laws that will protect society from unsafe or unacceptable actions.

Bicameral Legislature

Two houses, as mentioned in Article 1 of the Constitution

What is the quasi-advisory role?

When something has the term "quasi" in front of it it means informal. a quasi-advisory role means the person is not formally been named the advisor but has taken on the role.

Describe the process of legislation?

a proposed law (a bill), is introduced to the House of Representatives if it is a revenue raising bill or Congress if it is not. It is then assigned to a committee of legislators. If the bill went to the House of Representatives and passes by a majority vote then it goes on to the Senate. If however, it was originally given to congress then it goes on to the president who has the right to veto it

How is veto overridden?

by 2/3rd majority of congress