LOOKING AT LAWMAKING

Click the pic for the Federalism Facts of

Congress!

Levels of Government

In our federal system of government, the government shares powers between three levels:

Government

Federal

State

Local

Branches of Government

Federal

State

Local

Legislative Branch

Executive Branch

Judicial Branch

Each level of government is then divided into three branches of government.

The legislative, executive, and judicial branches all have different powers, responsibilities, and requirements.

What does the legislative branch do?

Legislative BranchMakes the law Congress

Florida Legislature

City Commission/Council

County Commission

School Board *Number varies according to population

U.S. House of Representatives (435

Members)U.S. Senate (100 Members)Florida House of Representatives (120

Members)Florida Senate (40 Members)

Congressmen/Congresswomen

U.S. RepresentativeU.S. Senator

Florida Legislator Florida Representative

Florida Senator

Commissioner Councilman/Councilwoman

Who serves in the Legislative Branch?

What does the executive branch do?

Executive Branch

Enforces the law

President Vice President

Cabinet Members

Governor Lieutenant Governor

Cabinet Members

Mayor

Who serves in the executive branch?

The Cabinet's role is to advise the

President on any subject he may require

relating to the duties of each member's

respective office. The Florida Cabinet's role is to advise the

Governor and is made up of the Attorney

General, the Chief Financial Officer, and the

Commissioner of Agriculture. Processes and policies for the office of the

mayor will vary by city. Research your local

government to find the role of your mayor!

What does the judicial branch do?

Judicial BranchInterprets and applies

the law

Justices of the United States Supreme Court

Appellate Judges Trial Judges

Justices of the Florida Supreme Court Appellate Judges

Trial Judges

Who serves in the judicial branch?

State Trial Courts • Circuit Courts • County Courts

• Florida Supreme Court

• District Courts of Appeal

• U.S. Supreme Court

• U.S. Circuit Courts of Appeal

• U.S. District Courts

Who Does What?

On your worksheet, you will need to correctly identify each branch of government, the role of the

branch, and the titles/offices of government officials for each level of government. For the judicial branch,

you will need to identify the levels/types of courts.

Who Does What? Branch of

Government Legislative Executive Judicial

Role of this branch Make law Enforce law Interpret and apply the law

Branch of Government

Role of this branch

Federal • Congressman/ Congresswoman• U.S. Senator• U.S.

Representative

• President • Vice President

• U.S. Supreme Court

• U.S. Circuit Courts of Appeal

• U.S. District Courts

State • Florida Senator • Florida

Representative

• Governor • Lieutenant

Governor

• Florida Supreme Court

• District Courts of Appeal

Local • Councilman/ Councilwoman • County/City

Commissioner

• Mayor • Circuit Court • County Court

LOOKING AT LAWMAKING

How are laws made in the legislature?

Conversation Starter:

• Individually write 2-3 sentences for each question. In your group, discuss and compare your responses. – What did Locke say would happen if

there was no government or social contract?

– What would our country be like without laws?

The Hierarchy of Law

City and County Ordinances

State Statutes (laws)

Florida Constitution

Acts of Congress

United States Constitution

The U.S. Constitution is the “Supreme

Law of the Land.”

If there is a conflict between a lower law and a higher one, the

higher one “prevails”.

Where does it come from?

• Where does Congress get the power to make acts?

• Where does the Florida legislature get the power to make laws (statutes) for the state?

• Where does the local government get the power to make ordinances?

Constitution of the

State of Florida

Click the pic to see a Fact of Congress on how a bill

becomes a law!

The Bill Begins

• Laws begin as ideas from individual citizens, groups, or Representatives .

• What kinds of ideas important to Florida would a congressman/congresswoman bring up during session?– Immigration – National security issues– Healthcare – Human trafficking – Tax laws – Minimum wage – NASA funding

The Bill is Proposed

• When a Representative has written a bill, the bill needs a sponsor.

• Once a bill has a sponsor and the support of some of the U.S. Representatives, it is ready to be introduced.

The Bill is Introduced

• In the U.S. House of Representatives, a bill is introduced when it is placed in the hopper—a special box on the side of the clerk’s desk.

• The bill clerk assigns it a number that begins with H.R.

• A reading clerk then reads the bill to all the Representatives, and the Speaker of the House sends the bill to one of the House standing committees.

What is a committee?

Committees

• Groups of Representatives or Senators who are experts on topics such as agriculture, education, or international relations

Some Congressional Committees:• Agriculture, Nutrition, and Forestry • Appropriations • Armed Services • Banking, Housing, and Urban Affairs • Budget • Commerce, Science, and Transportation • Education and the workforce • Energy and Natural Resources • Environment and Public Works

• Ethics• Finance • Foreign Relations • Health, Education, Labor, and Pensions • Homeland Security and Governmental

Affairs • Judiciary • Rules and Administration • Small Business and Entrepreneurship • Veterans' Affairs

The Bill Goes to Committee

• When the bill reaches committee, the committee members review, research, and revise the bill before voting on whether or not to send the bill back to the House floor. The bill may be sent to

a subcommittee if more information is needed. Here, the bill is closely examined and expert opinions are gathered before it is sent back to the committee for approval.

The Bill is Reported

• When the committee has approved a bill, it is sent—or reported—to the House floor. Once reported, a bill is ready to be debated by the U.S. House of Representatives.

The Bill is Debated

• When a bill is debated, Representatives discuss the bill and explain why they agree or disagree with it.

• Then, a reading clerk reads the bill section by section and the Representatives recommend changes. When all changes have been made, the bill is ready to be voted on.

The Bill Is Voted On

There are three methods for voting on a bill in the U.S. House of Representatives:1. Viva Voce (voice vote): The Speaker

of the House asks the Representatives who support the bill to say “aye” and those that oppose it say “no.”

2. Division: The Speaker of the House asks those Representatives who support the bill to stand up and be counted, and then those who oppose the bill to stand up and be counted.

3. Recorded: Representatives record their vote using the electronic voting system. Representatives can vote yes, no, or present (if they don’t want to vote on the bill).

If a majority of the Representatives say or select yes, the bill passes in the U.S. House of Representatives. The bill is then certified by the Clerk of the House and delivered to the U.S. Senate.

The Bill is Referred to the Senate

• When a bill reaches the U.S. Senate, it goes through many of the same steps it went through in the U.S. House of Representatives. The bill is discussed in a Senate committee and then reported to the Senate floor to be voted on.

• Senators vote by voice. Those who support the bill say “yea,” and those who oppose it say “nay.” If a majority of the Senators say “yea,” the bill passes in the U.S. Senate and is ready to go to the President.

The Bill Is Sent to the President

When a bill reaches the President, he has three choices. The President can:1. Sign it—the bill becomes a law.2. Veto (refuse to approve) it —the bill is sent back

to Congress. 3. Do nothing —if Congress is in session, the bill

automatically becomes law after 10 days. If Congress is not in session, the bill does not become a law.

Is a veto the end of a bill?

• Not quite…– If the U.S. House of Representatives and

the U.S. Senate still believe the bill should become a law, they can hold another vote on the bill.

– If two-thirds of the Representatives and Senators support the bill, the President’s veto is overridden and the bill becomes a law.

Put It In a Puzzle

Using Handout B and the index cards provided, you will be creating puzzle study cards on how a bill becomes a law on

the federal level. On the side with lines, summarize the steps in the process. On

the opposite side, illustrate the step of the process.

Idea and Drafting

Idea from citizen, group or Representative is drafted

into a bill.

.

Bill Proposed The bill needs a sponsor and support. Once this

happens, it is ready to be introduced.

Bill IntroducedA bill is introduced when it is

placed in the hopper. It is assigned a number and the

bill is read to all Representatives.

CommitteeCommittee members review, research and revise the bill and then vote on whether it

should be sent to the House floor. May be sent to a subcommittee if more information is

needed.

Bill is ReportedOnce approved by a

committee, the bill is sent, or reported, to the House floor.

Bill is Debated

Representatives discuss the bill and explain their stance on it. The clerk then reads the bill , accepts edits, and then finalizes the changes.

Vote on Bill

The bill is then voted on. A majority is needed for the bill

to pass the House. If it passes, it is certified by the Clerk and delivered to the

Senate.

 

Bill Referred to the Senate

The bill goes through the same processes as in the House. It is

reviewed in committee and reported to the Senate floor

where it is voted on.

Sent to the President

If the President vetoes the bill, the Legislature may

override his/her veto by a 2/3 vote.

LAW

If the President does not veto the bill, the bill

becomes law.

HOW DOES A BILL BECOME A LAW IN

FLORIDA?

Let’s look at the process…

IDEA

From citizen, group or legislator

.

BILL DRAFTED

Bill written by staff and assigned a number..

DECISION

The legislator decides if the idea should be a bill.

1ST READING

Published in Chamber Journal.

COMMITTEE ASSIGNMENT

/MEETINGBill is reviewed, voted on, and can be placed on calendar or allowed to die in committee.

2ND READINGBill is read on floor of Chamber and may be

placed on Special Order Calendar by vote.

3RD READINGFinal reading of the bill. The bill is voted on and may die

if it does not receive a favorable vote.

Consideration by Opposite Chamber

Same process as original Chamber.

Return to Original Chamber

Final versions of the bill must be identical in both

Chambers.

 

GOVERNOR CONSIDERATION

Governor can sign the bill into law, allow the bill to become law without signing, or veto

the bill.

GOVERNOR FINAL ACTIONS

If the Governor vetoes the bill, the Legislature may

override his/her veto by a 2/3 vote.

LAW

If the Governor does not veto the bill, the bill

becomes law.

In summary, this is how a law is made:

IDEA

From citizen, group or legislator

.

BILL DRAFTED

Bill written by staff and assigned a number.

Consideration by Opposite Chamber

Same process as original Chamber.

GOVERNOR CONSIDERATION

Governor can sign the bill into law, allow the bill to become law without signing, or veto

the bill.

GOVERNOR FINAL ACTIONS

If the Governor vetoes the bill, the Legislature may

override his/her veto by a 2/3 vote.

LAW

If the Governor does not veto the bill, the bill

becomes law.

COMMITTEE ASSIGNMENT

/MEETINGBill is reviewed, voted on, and can be placed on calendar or allowed to die in committee.

Check For Understanding

What are some important words to look for in this question?

Which answers can we eliminate?