In today’s environment of “flood the zone” lawmaking, it can feel as though a new high-profile law is being passed every day. Between state and federal bills, court rulings, and executive orders, it can be difficult to keep track of which laws have been passed, how they will be enforced, and how they will be challenged—particularly when our media cycle moves so rapidly. This article will help you understand the power a law has depending on which branch of government authorized it, how those laws can be challenged, and how to better understand typical headlines.
Legislative Process
Legislation can be passed at a federal, state, and municipal levels (local cities and counties). However, a Florida city cannot pass a law that contradicts Florida state statute, while Florida state cannot pass a law that contradicts federal regulation.
In both Florida and the U.S. Congress, passing general legislation requires a simple majority (over 50%) vote from both the House of Representatives and the Senate.
Because legislation is passed by citizen representatives, it’s meant to reflect what most Americans want, which is why calling your representatives to make your voice heard is so important.
Interpreting Legislative Headlines
“Bill filed”
Controversial bills make for great press, but simply filing them has no legal weight. Many bills die in committees before ever reaching a vote if representatives determine they are unconstitutional, unpopular, or unfeasible.
The best time to call your representatives to let them know you don’t support a problematic bill is when it is reported as filed.
“Senate passes bill/House passes bill”
Our system of Congress—both state and federal—is “bicameral,” meaning “consisting of two chambers.” Neither chamber can pass a law on its own; the same law must be passed by both the Senate and the House.
If only one chamber has passed a law, there is still time to call your representatives in the second chamber to ask them to vote no or introduce amendments, which can stop or at least weaken the law. If a bill is amended, it must be voted on by both chambers again to pass successfully.
Executive Process
The president can impose policy decisions via executive orders, which typically state a position around a certain issue and direct a specific government agency to enforce the administration’s policy.
Executive orders operate more as a “wish list” than as a rule because they are highly susceptible to challenges. Citizens can bring lawsuits to stop the order, Congress can pass legislation counteracting the order or defunding the agency responsible for enforcing it, and a new president can simply issue a new order repealing or amending any previous orders.
Interpreting Executive Headlines
“President signs order”
Executive orders are extremely limited by existing law. If an order is contradicts the Constitution or laws passed by Congress, cannot be funded or enforced, or fails to follow a required administrative procedure, it may be illegal or invalid.
For example, an appellate court determined that the executive order ending Temporary Protective Status for Haitians was unlawful not just because it was discriminatory, but because it was issued without following proper procedures governing TPS in general.
If an order has been signed that appears unfair, you can bet a challenge is coming.
Judicial Process
The judicial branch can hear challenges to legislation or executive orders, then issue court orders which affirm, overturn, or interpret these laws. The judicial branch can’t simply declare a law unconstitutional or invalid on its own—a case must be brought by a party whose rights the law impacts.
Interpreting Judicial Headlines
“Temporary injunction granted”/ “Preliminary injunction granted”
Many laws passed by the legislative or executive branch are designed to become effective immediately. To prevent bad laws that impact civil rights from causing harm during a challenge, judges can issue an injunction that stops them from being enforced while a case is ongoing.
Getting a temporary or preliminary injunction is often (but not always) a good indicator that a challenge will ultimately be successful.
“District/Appellate/Supreme Court Finds . . .”
Pay attention to the type of court issuing a ruling! Court orders are only binding in the jurisdiction (specific territorial region) of the court itself.
Think of courts as a pyramid: trial courts are at the bottom, appellate courts are in the middle (which consider appeals of lower-court decisions), and Supreme Court(s) are at the top. Each state has its own Supreme Court, while the entire nation is subject to the U.S. Supreme Court.
Because the U.S. Supreme Court covers all courts and all jurisdictions, its opinions are binding on the entire country. Many legal challenges and appeals are built around this hierarchy: a favorable appeal to the U.S. Supreme Court can result in a change in legal rights for the entire country.
Because of this, it’s important to note which type of court judge has issued a ruling before celebrating or despairing too early. If a finding has been made by a district court (often simply referred to as “Judge” in headlines) or an appellate court (often identified as “the [number] Circuit”), it’s not over yet—the losing party may still appeal to the next court up.
Conclusion
Staying informed without getting overwhelmed is difficult. Start by identifying one or two causes that are important to you, then find and follow trusted news sources to better target and monitor challenges to harmful laws.
Then, find a community of people who also care about those things. 50501 social are a great place to start.
Remember, there will be wins and losses, but the key is consistency. Use your voice when and where you can to remind our government that they work for us.