I. Private v. Public Law
A. Private Law
1. Governs the rights and duties of individuals and the relationships between individuals. Judicial lawmaking which settles only the dispute in front of it. Previous rules help decide future case under stare decisis.
B. Public Law
1. Defines and governs legal relations between citizens and their government. Regulates whole groups, deals with social problems, created by government bodies, oriented to future conduct, and superior in legal authority to common law. 80-90% of all law is public law.
II. How a bill becomes a law (page 29 in casebook)
A. The House of Representatives
1. Origination of the bill by:
a. Executive agency
b. Political Interest Group
c. Individual member
d. Bill drafting agency
1. Constitution specifies that all revenue bills must originate in the House.
2. Custom indicates that all appropriations bills originate in the House also.
2. Introduction of the bill by a member
3. Referral to standing committee by leadership
4. Committee action
a. Possible referral to subcommittee
b. Hearings customary on major bills
1. Open hearings for testimony
2. Closed hearings for deliberation, amendment, and decisions
c. Committee decision
1. Disregard the bill (pigeonhole)
2. Defeat the bill
3. Accept and report the bill out
4. Amend and report the bill out
5. Rewrite the bill
5. Calendar the bill
6. Rules Committee (major bills)
b. Closed rules
c. Open rules
7. Floor action
a. Committee of the whole
b. General debate
c. Second reading
e. Report to the House
f. Third reading
g. Passage or defeat
B. The Senate
1. Bill is read for the first time
2. If no objection, the bill is read for a second time.
3. After the second reading, the bill is referred to a committee.
a. Unless a majority votes to
Through a representative democracy he thought that we could balance accountability, with faction and the majority and get laws that reflected the public good in the process.
6. Theory of checks and balances
a. There needed to be two chambers. The bi-cameral legislature.
1. One would have people that were directly elected by the people (the House) and was based on population. These reps were to be elected every 2 years for more accountability.
2. The other house was to be elected by state legislatures (not anymore) (the senate) and each state would get 2 representatives. These reps get elected every 6 years. These people can be there longer so that they can get a broader view on the issues.