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Who Can Make Laws?
Volume 112, Program 42
Airdate: 7/3/2012
Original Airdate: 9/5/2006
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Most people know that Congress is the legislative branch of the federal government. But did you know that there are three other bodies that have the right to make laws? Join Mike Farris as he discusses them, today on Home School Heartbeat.

Michael Farris:
Preserving self-government means limiting the exercise of legislative power to the people or to their elected representatives. There are four bodies that possess legitimate power to make laws.

First, Congress can make laws. Article I, Section 1, of the Constitution states, “All legislative Powers herein granted shall be vested in a Congress of the United States.” The president can’t make laws. The Supreme Court can’t make laws. Executive agencies like the Environmental Protection Agency can’t make laws. The UN cannot make laws. No government official acting alone can make laws. At the federal level, only the Congress has the constitutional authority to make law.

Second, the state legislatures have power to pass law in accordance with the provisions and the duties specified in their state constitutions.

Third, legislative bodies in local government, such as county or city councils, also have the power to pass laws according to their state constitutions or statutes.

Finally, the people themselves have certain legislative power through initiatives and referenda on state and local issues as authorized either by state constitutions or statutes.

If any other governing body attempts to make laws or exercise legislative authority, they are violating the most fundamental principle of American government. I’m Mike Farris.


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If we’re going to be a free people, we’ve got to remain true to the Constitution. Mike Farris teaches the constitutional history and legal theory that are essential to American self-government in a DVD series, Constitutional Literacy with Michael Farris. Help preserve liberty—get Constitutionally literate.

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