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Each Branch Plays a Role in the Legal System -- Legislative
WIKIPEDIA | 2014-05-23 16:15
While the drafters of the Constitution sought to strengthen the federal government, they feared strengthening it too much. One means of restraining the new regime was to divide it into branches. As James Madison explained in Federalist No. 51, "usurpations are guarded against by a division of the government into distinct and separate departments." Each of Madison's "departments," legislative, executive, and judiciary, received a measure of influence over the legal system.
The Constitution vests in Congress the power to pass legislation. A proposal considered by Congress is called a bill. If a majority of each house of Congress – two-thirds should the President veto it – votes to adopt a bill, it becomes law. Federal laws are known as statutes. The United States Code is a "codification" of federal statutory law. The Code is not itself a law, it merely presents the statutes in a logical arrangement. Title 20, for instance, contains the various statutes pertaining to Education, and Title 22 those covering Foreign Relations.
Congress' lawmaking power is limited. More precisely, it is delegated by the American people through the Constitution, which specifies areas where Congress may or may not legislate. Article I, Section 9 of the Constitution forbids Congress from passing certain types of laws. Congress may not, for instance, pass an ex post facto law (a law that applies retroactively, or "after the fact"), or levy a tax on exports. Article I, Section 8 lists areas where Congress may legislate. Some of these ("To establish Post Offices") are quite specific but others, most notably, "To regulate Commerce with foreign Nations, and among the several States," are less so. Obviously the power to interpret the less precise delegations is extremely important. Early in the young republic's history, the judiciary branch assumed this role and thus secured an additional and extremely vital role in the U.S. legal system.
The Constitution vests in Congress the power to pass legislation. A proposal considered by Congress is called a bill. If a majority of each house of Congress – two-thirds should the President veto it – votes to adopt a bill, it becomes law. Federal laws are known as statutes. The United States Code is a "codification" of federal statutory law. The Code is not itself a law, it merely presents the statutes in a logical arrangement. Title 20, for instance, contains the various statutes pertaining to Education, and Title 22 those covering Foreign Relations.
Congress' lawmaking power is limited. More precisely, it is delegated by the American people through the Constitution, which specifies areas where Congress may or may not legislate. Article I, Section 9 of the Constitution forbids Congress from passing certain types of laws. Congress may not, for instance, pass an ex post facto law (a law that applies retroactively, or "after the fact"), or levy a tax on exports. Article I, Section 8 lists areas where Congress may legislate. Some of these ("To establish Post Offices") are quite specific but others, most notably, "To regulate Commerce with foreign Nations, and among the several States," are less so. Obviously the power to interpret the less precise delegations is extremely important. Early in the young republic's history, the judiciary branch assumed this role and thus secured an additional and extremely vital role in the U.S. legal system.
