
In the United States, citizens are empowered to engage in the process of making the laws that will govern and protect them. The US has a federal government, with each of the 50 states having its own government, and each municipality within each state having a local government. Federal laws are proposed and developed by the legislative branch of the federal government (Congress), enacted by the executive branch (the President and the Departments and agencies), and enforced by the judicial branch (the federal court system, including the Supreme Court). The Constitution establishes whether an area of law is the primary responsibility of the federal government or the state and local governments. States have delegated lawmaking powers to thousands of agencies, townships, counties, cities, and special districts.
Characteristics | Values |
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Can citizens make their own laws? | Citizens can petition their representatives to propose a new or amended law |
What You'll Learn
Citizens' right to petition
In the United States, citizens have the right to petition their government to make or change laws. This is known as the right to petition. The right to petition is guaranteed by the First Amendment to the United States Constitution, which states that "Congress shall make no law... abridging... the right of the people... to petition the Government for a redress of grievances."
The right to petition allows citizens to transmit their proposals for new laws or changes to existing laws to their elected representatives in Congress. This can be done by individuals or through citizen groups. Once a petition is received, the Member of Congress may introduce a bill to propose a new law or change an existing one. A bill is a proposal for a new law or a change to an existing law.
The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on.
It is important to note that while citizens have the right to petition their government, it is ultimately up to the elected representatives in Congress to decide whether to introduce a bill and how to vote on it.
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The Fourteenth Amendment
Citizens of the USA can petition their representatives to propose new laws or changes to existing laws. This is known as the right to petition.
Section 1 of the Fourteenth Amendment, known as the Citizenship Clause, establishes that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This provision overturned the Supreme Court's ruling in *Dred Scott v. Sandford* (1857), which had denied citizenship to African Americans, including those who were free. The Citizenship Clause also ensured that all citizens, regardless of race, were entitled to the "privileges and immunities" of citizenship, which include the right to petition the government, the right to due process of law, and the right to equal protection of the laws.
Additionally, the Equal Protection Clause of the Fourteenth Amendment prohibits states from denying any person within their jurisdiction the equal protection of the laws. This clause has been central to many landmark civil rights cases, including *Brown v. Board of Education* (1954), which struck down racial segregation in public schools, and *Obergefell v. Hodges* (2015), which legalised same-sex marriage nationwide.
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Election campaigns
In the United States, citizens do not have the power to make their own laws. The US Constitution states that 'No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States'. This means that citizens are protected from laws that may infringe on their rights, but it also means that they do not have the power to create their own laws.
However, citizens can influence the legislative process through election campaigns. Election campaigns are a key time for politicians to connect with their constituents and discuss the issues that are important to them. During election campaigns, candidates may promise to introduce specific legislation if they are elected. These promises can become a key part of a candidate's platform and can help to shape the policies that are enacted if the candidate is successful.
For example, a candidate may promise to introduce legislation to address a specific issue in their community, such as improving access to healthcare or education. This could involve proposing new laws or amending existing ones. By making these promises during the election campaign, the candidate is signalling to voters that they are committed to addressing the issues that matter to them.
Once a candidate is elected, they can begin the process of turning their campaign promises into reality. This involves working with other members of Congress to draft and introduce bills, which are proposals for new laws or changes to existing ones. The bills are then assigned to committees, which research, discuss, and make changes to the proposals before they are put before the full chamber for a vote.
Citizens can continue to influence the legislative process after the election by contacting their representatives and expressing their support or opposition to specific bills. They can also exercise their right to petition, where they can propose new laws or amendments to existing ones. By engaging with their representatives and the legislative process, citizens can help to shape the laws that affect their lives, even if they cannot create their own laws directly.
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Members of Congress
While citizens of the United States do not have the power to make their own laws, they are protected by the Citizenship Clause of the Fourteenth Amendment, which states that no state shall make or enforce any law that abridges the privileges or immunities of citizens.
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Due process
While citizens of the United States cannot make their own laws, they do have the right to petition their representatives in Congress to propose a new law or a change to an existing law. This is known as a bill. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on.
The due process of law in the United States is guaranteed by the Fourteenth Amendment to the Constitution. This amendment states that no state shall "deprive any person of life, liberty, or property, without due process of law". This means that citizens have the right to a fair and legal process before they are deprived of their life, liberty, or property. The due process clause of the Fourteenth Amendment also prohibits states from making or enforcing any law that abridges the privileges or immunities of citizens of the United States. This includes the right to equal protection of the laws, which means that citizens are entitled to the same legal protections as everyone else.
The due process clause of the Fourteenth Amendment has been interpreted by the courts to apply to both citizens and non-citizens. For example, in the case of *United States v. Wong Kim Ark*, the Court held that a child born in the United States to Chinese parents who were ineligible to be naturalized themselves was nevertheless a citizen of the United States entitled to all the rights and privileges of citizenship, including due process.
The due process clause of the Fourteenth Amendment also applies to state action that affects fundamental rights, such as the right to marry, the right to have children, and the right to bodily integrity. The Supreme Court has held that these rights are protected by the due process clause and cannot be infringed upon by the states without a compelling government interest.
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Frequently asked questions
Citizens of the USA cannot make their own laws, but they can engage in the process of making laws through elected representatives, the voting process and other civic activities.
The USA has a federal government, with each of the 50 states having a state government, and each municipality within each state having a local government. Federal laws are proposed and developed by the legislative branch of the federal government (Congress), enacted by the executive branch (the President and the Departments and agencies), and enforced by the judicial branch (the federal court system, including the Supreme Court).
Citizens are empowered to engage in the process of making laws through elected representatives, the voting process and other civic activities. Civic engagement is an important right and responsibility of all citizens.
States have their own constitutions and lawmaking powers, which they have delegated to thousands of agencies, townships, counties, cities, and special districts. However, the scope of federal preemption is limited by the Constitution, which establishes whether an area of law is the primary responsibility of the federal or state and local governments.