1/9/2018 Guide to Introduction US Food Laws and Regulations American democracy is SECOND EDITION based on 6 essential Chapter 1 PatriciaA.Curtis principles Introduction to 1.The majority rules Laws and 2.Protection of political rights of minorities Regulations 3.Citizens agree to be ruled by a system of law 4.Free exchange of ideas and opinions 5.Equality of all citizens WILEY Blackwall 6.Government exists to serve the people Democracy Together federal,state,and local laws, bodies,and agencies carry out operations Levels of Government Ensures that people are Direct Democracy Representative the source of the Democracy A government in which goverment's authority people vote to make their A government in which the Elected representatives own rules and laws people vote for(elect)a smaller group of citizens who serve at all levels of make the rules and laws for government everyone Shares power to Was used in:Ancient Greece Was (is)used in: provide checks and Ancient Rome balances United States of America
1/9/2018 1 Chapter 1 Introduction to Laws and Regulations Introduction American democracy is based on 6 essential principles 1. The majority rules 2. Protection of political rights of minorities 3. Citizens agree to be ruled by a system of law 4. Free exchange of ideas and opinions 5. Equality of all citizens 6. Government exists to serve the people Together federal, state, and local laws, bodies, and agencies carry out operations • Ensures that people are the source of the goverment’s authority • Elected representatives serve at all levels of government • Shares power to provide checks and balances
1/9/2018 City Council Sources of American Law Local Government Mayor The Constitution is the supreme law of Courts the United States Senate describes the powers of the General Assembly House of government Representatives State Government- Governor describes the rights of the citizens Courts broad law that leaves room for interpretation Senate Legislative Branch- All laws must comply with the National Government constitution Executive Branch Judicial Branch Sources of American Law Sources of American Law The Constitution The Constitution The Constitution has 6 basic principles The Constitution has 6 basic principles 1.Popular Sovereignty Popular Sovereignty 2.Separation of Powers -people have the .Peocle are the US government is divided into three ONLY source of branches that have their own power to govern government responsibilities,constituencies,and people entrust this from the p eopl organization power to their govt people elect 1)Legislative branch makes law congressmen,who 2)Judicial branch interprets law make the law 3)Executive branch enforces law
1/9/2018 2 Sources of American Law • The Constitution is the supreme law of the United States - describes the powers of the government - describes the rights of the citizens - broad law that leaves room for interpretation • All laws must comply with the constitution Sources of American Law The Constitution The Constitution has 6 basic principles 1. Popular Sovereignty - people have the power to govern - people entrust this power to their govt - people elect congressmen, who make the law Sources of American Law The Constitution The Constitution has 6 basic principles 2. Separation of Powers US government is divided into three branches that have their own responsibilities, constituencies, and organization 1) Legislative branch makes law 2) Judicial branch interprets law 3) Executive branch enforces law
1/9/2018 Sources of American Law Three Branches of Government FEDERAL LEVEL The Constitution The Constitution has 6 basic principles 四 显 3.Checks and balances No govt branch can act on its own The US Capitel -Each branch has some control over LEGISLATIVE EXECUTIVE JUDICIAL the other two branches Congress President Supreme Court -To make law,congress must get an okay from the President,except in Other Federal Courts special cases Sources of American Law Emericans live under both The Constitution national and state governments The Constitution has 6 basic principles 4.Federalism -Federal,state,and local govts exist and .Maintain militan *Co Establish loca have their own powers .Declare war Separation prevents abuse of power commerce .Regulate state -State law addresses matters within the Regulate banks commerce e reg state borders and measures Protect copyrights eral welfa -State law must be as and patent .Punish criminals and regulate stringent as federal corporations law and must comply with the constitution
1/9/2018 3 Sources of American Law The Constitution The Constitution has 6 basic principles 3. Checks and balances - No govt branch can act on its own - Each branch has some control over the other two branches - To make law, congress must get an okay from the President, except in special cases Sources of American Law The Constitution The Constitution has 6 basic principles 4. Federalism - Federal, state, and local govts exist and have their own powers - Separation prevents abuse of power - State law addresses matters within the state borders - State law must be as stringent as federal law and must comply with the constitution
1/9/2018 Sources of American Law Sources of American Law The Constitution The Constitution The Constitution has 6 The Constitution has 6 basic principles basic principles 6.Military power is under civilian control -Why?Framers of the constitution believed 5.Supremacy of national that military power could threaten a free laws government if the military was not under civilian control -If federal and state a The President (a civilian)is Commander-in- law contradict,the govt Chief of military forces federal law will be -Only Congress can approve war and defense upheld spending Sources of American Law Sources of American Law Statutory Law Common Law Law written by the legislatures at all levels The laws based on of govt previous court rulings Congress,state legislatures,and local govt ·Also called case law enact statutes Decision is made by the More detailed and precise than SPEED court based on what is constitutional law LIMIT common or has been done before Regulations passed by agencies are more specific than statutes 65 When statutory law is in conflict with common Examples:speed limits on the highways or law,statufory law is minimum age for work permits upheld
1/9/2018 4 Sources of American Law The Constitution The Constitution has 6 basic principles 5. Supremacy of national laws - If federal and state law contradict, the federal law will be upheld Sources of American Law The Constitution The Constitution has 6 basic principles 6. Military power is under civilian control - Why? Framers of the constitution believed that military power could threaten a free government if the military was not under civilian control - The President (a civilian) is Commander-inChief of military forces - Only Congress can approve war and defense spending - Summary video of the 6 principles https://www.youtube.com/watch?v=bgh1jDv9b5w Sources of American Law Statutory Law • Law written by the legislatures at all levels of govt • Congress, state legislatures, and local govt enact statutes • More detailed and precise than constitutional law • Regulations passed by agencies are more specific than statutes • Examples: speed limits on the highways or minimum age for work permits Sources of American Law Common Law • The laws based on previous court rulings • Also called case law • Decision is made by the court based on what is common or has been done before • When statutory law is in conflict with common law, statutory law is upheld
1/9/2018 Sources of American Law Hierarchy of the Sources of Law Equity Equity cases deal with fairness or justice of a situation ·A judge will order an injunction to prevent the unfairness from occurring again ·A response to EQUALITY EQUITY defects in common law Two Branches of American Law Branches of American Law Private and Public Private and Public Private law deals with disputes between individuals,businesses Regulation of the legal system or other organizations ·Four categories Constitutional law Outcome:fine or money -International law award as opposed to Criminal law Jail Administrative law Encompasses:property contracts,family relations,and torts (a Most law that applies to food quality and safety falls under administrative law civil wrong)
1/9/2018 5 Sources of American Law Equity • Equity cases deal with fairness or justice of a situation • A judge will order an injunction to prevent the unfairness from occurring again • A response to defects in common law Hierarchy of the Sources of Law Summary video of the sources of law https://www.youtube.com/watch?v=KzgDIh3S30w Two Branches of American Law Private and Public • Private law deals with disputes between individuals, businesses, or other organizations • Outcome: fine or money award as opposed to jail • Encompasses: property, contracts, family relations, and torts (a civil wrong) Branches of American Law Private and Public • Public law deals with relations between the govt and its citizens • Regulation of the legal system • Four categories - Constitutional law - International law - Criminal law - Administrative law • Administrative law involves the rules and regulations that agencies make • Most law that applies to food quality and safety falls under administrative law
1/9/2018 Three Branches of American Government Three Branches of American Government Legislative Branch Three Branches of Government FEDERAL LEVEL ·Composed of -Senate House of Representatives L Together,they form the US congress LEGISLATIVE EXECUTIVE JUDICIAL Congress passes statutory law(also called 。cout legislative law) ·For more information https://www.whitehouse.qov/1600/legislative- branch Summary video:https://www.youtube.com/watch7v=JOXNgHIRmIU Three Branches of American Government Powers of Congress Legislative Branch Raise and collect taxes Establish post offices ·Senate Borrow money for the ·Issue patents and -100 members public treasury copyrights -2 from each state r fome mong ·Set up federal courts ·Punish piracy Vice-president is the president countries ·Declare war Regulate naturalization of House of Representatives foreign citizer Raise and support armies ·Support a navy -435 members ·Coin money and punish counterfeiters Call militia to enforce determined by total population of each Set standards for weights sor repe state and measures -Representatives choose the Speaker of Establish bankruptcy laws invasions by foreign countries the House Make law to enforce the Make laws for District of constitution Colu
1/9/2018 6 Three Branches of American Government Summary video: https://www.youtube.com/watch?v=J0XNgH1RmIU Three Branches of American Government Legislative Branch • Composed of - Senate - House of Representatives • Together, they form the US congress • Congress passes statutory law (also called legislative law) • For more information https://www.whitehouse.gov/1600/legislativebranch • Senate - 100 members - 2 from each state - Vice-president is the president • House of Representatives - 435 members - determined by total population of each state - Representatives choose the Speaker of the House Three Branches of American Government Legislative Branch Powers of Congress • Raise and collect taxes • Borrow money for the public treasury • Regulate commerce among states and foreign countries • Regulate naturalization of foreign citizen • Coin money and punish counterfeiters • Set standards for weights and measures • Establish bankruptcy laws • Make law to enforce the constitution • Establish post offices • Issue patents and copyrights • Set up federal courts • Punish piracy • Declare war • Raise and support armies • Support a navy • Call militia to enforce federal laws, suppress lawlessness or repel invasions by foreign countries • Make laws for District of Columbia
1/9/2018 Investigative Powers of Congress Three Branches of American Government Judicial Branch Includes evaluating the Federal court system with Supreme Court as the top entity need for new legislation effectiveness of existing legislation SUPREME COURT qualifications and performance of members of the executive and judicial branches 12 Courts of Appeal Federal Circuit House conducts impeachment proceedings Senate conducts impeachment trials peter State Three Branches of American Government District Judicial Branch Courts U.S. State ·Congress District -creates and abolishes federal courts Courts T U.S. Appeal Court -cannot abolish the supreme court ·President ystem State appoints US judges that are Courts of Supreme confirmed by Congress Appeal Court ·For more information https://www.whitehouse.gov/1600/judic U.S.Supreme Court ial-branch
1/9/2018 7 • Includes evaluating the - need for new legislation - effectiveness of existing legislation - qualifications and performance of members of the executive and judicial branches • House conducts impeachment proceedings • Senate conducts impeachment trials Investigative Powers of Congress Three Branches of American Government Judicial Branch • Federal court system with Supreme Court as the top entity Three Branches of American Government Judicial Branch • Congress - creates and abolishes federal courts - cannot abolish the supreme court • President - appoints US judges that are confirmed by Congress • For more information https://www.whitehouse.gov/1600/judic ial-branch
1/9/2018 Three Branches of American Government Three Branches of American Government Judicial Branch Judicial Branch ·The Supreme Court ·Courts of Appeals -highest court in federal court system appeals of trials thought to be unfair -created by the Constitution panel of judges determine if a -decisions cannot be overturned district court decision is correct -10%of cases arise by appeals also known as circuit courts -90%of cases issued due to arranged according to geography constitutional issues or errors in 12 circuits in all lower courts consists of one chief justice and 8 associates Geoouries Three Branches of American Government Judicial Branch 9 12 X① ·District Courts ⑦ Total of 94 district courts o 89 district courts in the 50 states 8 8 o Each state has at least one district ◆ court 10 o Puerto Rico,Virgin Islands, District of Columbia,Guam and North Marina Islands
1/9/2018 8 Three Branches of American Government Judicial Branch • The Supreme Court - highest court in federal court system - created by the Constitution - decisions cannot be overturned - 10% of cases arise by appeals - 90% of cases issued due to constitutional issues or errors in lower courts - consists of one chief justice and 8 associates Three Branches of American Government Judicial Branch • Courts of Appeals - appeals of trials thought to be unfair - panel of judges determine if a district court decision is correct - also known as circuit courts - arranged according to geography - 12 circuits in all Three Branches of American Government Judicial Branch • District Courts - Total of 94 district courts o 89 district courts in the 50 states o Each state has at least one district court o Puerto Rico, Virgin Islands, District of Columbia, Guam and North Marina Islands
1/9/2018 Three Branches of American Government Three Branches of American Government Judicial Branch Judicial Branch ·District Courts ·Special Courts Jurisdiction over criminal and civil federal law set up by Congress Criminal case deals with specific problems o grand jury decides if there is enough -narrow jurisdiction evidence to try the case examples o trial jury determines if the person is guilty o Court of Customs and Patent Appeals Civil cases o Tax Court o trial jury may be used or may be waived if both parties agree o Court of International Trade o federal judge makes the final decision Three Branches of American Government Three Branches of American Government Executive Branch Executive Branch Laws passed by the legislative branch ·Composed of the are enforced by cabinet departments -President and independent agencies -Cabinet Food safety and quality responsibilities o made up of heads of executive are spread out among 4 Cabinet departments departments and 2 independent -Cabinet departments agencies ·For more information -Independent agencies https://www.whitehouse.gov/1600/executive branch
1/9/2018 9 Three Branches of American Government Judicial Branch • District Courts - Jurisdiction over criminal and civil federal law - Criminal case o grand jury decides if there is enough evidence to try the case o trial jury determines if the person is guilty - Civil cases o trial jury may be used or may be waived if both parties agree o federal judge makes the final decision Three Branches of American Government Judicial Branch • Special Courts - set up by Congress - deals with specific problems - narrow jurisdiction - examples o Court of Customs and Patent Appeals o Tax Court o Court of International Trade Three Branches of American Government Executive Branch • Composed of the - President - Cabinet o made up of heads of executive departments - Cabinet departments - Independent agencies Three Branches of American Government Executive Branch • Laws passed by the legislative branch are enforced by cabinet departments and independent agencies • Food safety and quality responsibilities are spread out among 4 Cabinet departments and 2 independent agencies • For more information https://www.whitehouse.gov/1600/executivebranch
1/9/2018 Three Branches of American Government Sources of Legislation Executive Branch ·President's powers Ideas for laws passed by Congress come Introduce legislation to congress from a variety of sources Veto legislation -A member of Congress Appoint federal judges Grant full and conditional pardons -A constituent (voter for instance) Call the National Guard into service -Citizens groups Appoint ambassadors,ministers,and consuls to aid foreign relations -A member of the President's Cabinet -Appoint heads of the executive departments The President and independent agencies Executive agencies Sources of Legislation Sources of Legislation Congressional bills are legislative proposals from An idea is drafted into a bill,which should contain 3 things that divide the responsibilities Congress of the statute between the three branches There are 6 types of bills 1.Statutory provisions describe what the 1.House and Senate bills legislation will prohibit,what is required,etc o require approval of both House and Senate 2.Administrative provisions describe which and the President's signature department or agency will be responsible for 2.Joint Resolutions and enforce the statute o require approval from both House and 3.Judicial provisions describe which court will Senate and the President's signature handle disputes and aid enforcement o used for limited matters such as to propose an amendment to the Constitution
1/9/2018 10 Three Branches of American Government Executive Branch • President’s powers - Introduce legislation to congress - Veto legislation - Appoint federal judges - Grant full and conditional pardons - Call the National Guard into service - Appoint ambassadors, ministers, and consuls to aid foreign relations - Appoint heads of the executive departments and independent agencies Sources of Legislation • Ideas for laws passed by Congress come from a variety of sources - A member of Congress - A constituent (voter for instance) - Citizens groups - A member of the President’s Cabinet - The President - Executive agencies Sources of Legislation • An idea is drafted into a bill, which should contain 3 things that divide the responsibilities of the statute between the three branches 1. Statutory provisions describe what the legislation will prohibit, what is required, etc 2. Administrative provisions describe which department or agency will be responsible for and enforce the statute 3. Judicial provisions describe which court will handle disputes and aid enforcement Sources of Legislation • Congressional bills are legislative proposals from Congress • There are 6 types of bills 1. House and Senate bills o require approval of both House and Senate and the President’s signature 2. Joint Resolutions o require approval from both House and Senate and the President’s signature o used for limited matters such as to propose an amendment to the Constitution
