Isabella Carter
The U.S. Constitution, signed on September 17, 1787, and effective from March 4, 1789, forms the basis of the government of the United States. Federal statutes, also known as acts or laws, are passed by Congress, usually with the President's approval, and are organized by subject matter in the U.S. Code. The Supremacy Clause of the Constitution establishes that the Constitution, federal laws, and treaties made under its authority, are the supreme Law of the Land, taking precedence over conflicting state laws. Federal statutes are an integral part of the Constitution, with Congress empowered to restrict or displace state law, as long as the directives are authorized by the Constitution. The interpretation of federal statutes and their constitutional validity is often the subject of court cases, with the Supreme Court exercising the power of judicial review.
| Characteristics | Values |
|---|---|
| What are federal statutes? | Laws passed by a legislature |
| What are federal statutes also known as? | Acts |
| Who passes federal statutes? | Congress |
| Who approves federal statutes? | The President |
| How are federal statutes published? | Slip laws, session laws, and codes |
| What are slip laws? | Individually paginated pamphlets, each containing a single statute |
| What are session laws? | Bound collections of the slip laws enacted in a session of a legislature |
| What are codes? | Subject compilations of statutes currently in effect, as amended |
| What is the Supremacy Clause? | Establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws |
| What is the core message of the Supremacy Clause? | The Constitution and federal laws take priority over any conflicting rules of state law |
| What is the role of the courts? | To interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress |
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What You'll Learn
Federal statutes are laws passed by Congress
Federal statutes, also known as acts, are laws passed by a legislature. Federal statutes are the laws passed by Congress, usually with the approval of the President. Federal statutes are published in three formats: slip laws, session laws, and codification in the United States Code or its predecessors. Public laws, which are the most common form of law passed by Congress, "affect society as a whole". Private laws, on the other hand, only "affect an individual, family, or small group". While public laws are usually codified into the United States Code, private laws are not because the United States Code is a codification of only the "general and permanent laws of the United States".
Federal statutes are part of the U.S. Code and are often referred to by common names such as the "Civil Rights Act of 1968", the "USA PATRIOT Act", or the "Patient Protection and Affordable Care Act". Before laws are added to the U.S. Code, there are a handful of steps that must be taken. The bill is forwarded to the Archivist of the United States for filing and publication. The Archivist assigns a public or private law number, depending on the type of legislation. The bill is officially printed as an individual pamphlet commonly known as a "slip law".
The Supremacy Clause of the U.S. Constitution establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions are subordinate to, the supreme law. Federal statutes and treaties must be within the parameters of the Constitution and not violate other constitutional limits on federal power, such as the Bill of Rights. The Supreme Court has recognized various ways in which federal statutes can displace or "preempt" state law. Some federal statutes include express "preemption clauses" forbidding states from enacting or enforcing certain kinds of laws.
The U.S. Constitution establishes the government of the United States. It was signed on September 17, 1787, and went into effect on March 4, 1789. The Federalist #78 states that if any law passed by Congress conflicts with the Constitution, "the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents". Courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
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Federal statutes are organised by subject matter in the US Code
The US Code is published in full every six years, with cumulative bound supplements issued annually. It is not considered "positive law", and in the case of a discrepancy between the language of the US Code and the Statutes at Large, the latter takes precedence. The Statutes at Large is the official US government compilation of federal session laws, published chronologically.
The US Code includes a subject index and several tables, such as the Popular Name Tool, which shows where frequently-referenced laws are codified, and the Statutes at Large table, which lists public laws chronologically and links them to their US Code citations. Other resources for locating federal statutes include the US Code Annotated, the US Statutes at Large, and the Code of Federal Regulations (CFR). The CFR is divided into 50 subject matter titles, which are updated annually on a staggered basis.
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Federal laws are commonly referred to by their popular names
Federal statutes are organised by subject matter in the U.S. Code. Federal laws are often given or referred to by common names, such as the Civil Rights Act of 1968, the USA PATRIOT Act, or the Patient Protection and Affordable Care Act. These popular names are usually acquired as they make their way through Congress. Sometimes, these names say something about the substance of the law, such as the 2002 Winter Olympic Commemorative Coin Act. They can also be a way of recognising or honouring the sponsor or creator of a particular law, such as the Taft-Hartley Act.
Popular names can also be used to garner political support for a law by giving it a catchy name, like the Take Pride in America Act, or by invoking public outrage or sympathy, as with any number of laws named for victims of crimes. History books, newspapers, and other sources use these popular names to refer to these laws. However, these popular names are not easily found in the U.S. Code, as the Code is meant to be an organised, logical compilation of the laws passed by Congress.
The U.S. Code is divided into 50 topically-organised Titles, and each Title is further subdivided into any number of logical subjects. Before laws are added to the U.S. Code, there are a few steps that must be taken. The bill is forwarded to the Archivist of the United States for filing and publication, who assigns a public or private law number, depending on the type of legislation. The bill is then officially printed as an individual pamphlet, commonly known as a "slip law".
Federal laws can be distinguished from the Constitution, which establishes the government of the United States and was signed on September 17, 1787, going into effect on March 4, 1789. The Constitution is the supreme law of the land, and any law passed by Congress that conflicts with it is considered invalid. The courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
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Federal statutes can displace or preempt state law
The U.S. Constitution establishes that federal law is "the supreme law of the land". This means that when a federal law conflicts with a state or local law, the federal law will supersede the other law or laws. This is known as "preemption".
The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority when the two conflict. When state law and federal law conflict, federal law displaces or preempts state law due to the Supremacy Clause of the Constitution. U.S. Const. art. VI, § 2.
Determining whether federal law preempts state law requires an extensive analysis. Congress can include specific language in a statute that preempts state law, but even in the absence of such language, preemption could be implied by other factors. The U.S. Supreme Court has established requirements for preemption of state law.
The Supreme Court has ruled on several cases that involve federal preemption of state law. In Sperry v. Florida, 373 U.S. 379 (1963), the Supreme Court ruled that federal law preempted state law regarding a person's ability to act as a patent agent in Florida, even though Congress did not expressly state its intention for federal law to preempt state law. In another case, Arizona v. United States, 567 U.S. 387 (2012), the Supreme Court held that federal immigration law preempted an Arizona state law that penalized undocumented immigrants for working without authorization. The Court found that Arizona's law was "an obstacle to the regulatory system Congress chose."
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Federal statutes are published in three formats
Slip Laws
The first version of a newly enacted statute or act is published as a single law known as a slip law. These are designated by a law number, for example, Public Law 92-195. Slip laws are usually available online and are not widely distributed in print.
Session Laws
Session laws are enacted statutes arranged by the date of passage and published in separate volumes for each legislative term. Official session laws are typically published only in bound volumes after a session has ended, although legislative sites and advance session law services provide faster access to the texts of new laws. Session laws include other information such as Presidential proclamations and selected administrative regulations.
Statutory Compilations or Codes
Statutory compilations or codes collect and arrange all current statutes by subject (usually called titles), with further divisions into chapters and numbered sections. The United States Code (USC) is the official codification of federal statutes published by the government and contains 52 subject titles. The USC is published every six years, with updates issued in between editions. Unannotated codes contain the text of the law and may include finding aids and brief historical references, while annotated codes provide more extensive historical information and references to related sources.
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Frequently asked questions
The Supremacy Clause of the US Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
The US Supreme Court has the power of judicial review, which means it can invalidate a federal statute if it violates the Constitution. The Supreme Court has also recognised various ways in which federal statutes can displace or "preempt" state law.
Federal statutes are laws passed by Congress, usually with the approval of the President. Before being added to the US Code, the bill is forwarded to the Archivist of the United States for filing and publication. The Archivist assigns a public or private law number, and the bill is then officially printed as an individual pamphlet, known as a "slip law".
