Home School Legal Defense Association--25 Years of Serving the Homeschool Community





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J. Michael Smith, Esq.
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Michael P. Farris, Esq.
Chairman &
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Who Can Make Laws?
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Volume 81, Program 17
Airdate: Tuesday, April 1, 2008
Originally Aired: Tuesday, September 5, 2006

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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LEGO's Dacta Technic

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In this beautiful new edition of Constitutional Law, Michael Farris has completely revised and expanded his textbook from 282 to 592 pages. In his clear, conversational style, he takes readers from the Constitutional Convention and the meaning of original intent to an in-depth analysis of pivotal Supreme Court decisions—and explains how judicial tyranny is eroding our liberties. Perfect for any homeschool high school government course, this book is also a must-read for adults concerned about the future of our country.

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