Omar Bennett
The United States Code is a compilation of general and permanent federal statutes that outlines the functions of the US government and its role in addressing societal issues. It is distinct from the US Constitution, which serves as the supreme law of the land and the foundation of the US legal system. While the Constitution establishes the fundamental principles and structures of governance, the US Code provides a detailed framework for legislative, executive, and judicial actions. The Code is regularly updated to reflect changes in legislation, with provisions falling under different areas of the Code, such as agriculture, tax, and public lands.
| Characteristics | Values |
|---|---|
| Codification basis | Content of laws |
| Inclusion criteria | General and permanent laws |
| Exclusion criteria | Laws applying to a limited number of people or for a limited time |
| Amendments | Allowed; published by the Archivist of the United States |
| Annotated versions | United States Code Annotated (USCA) and United States Code Service (USCS) |
| Codification attempts | 1897-1907, 1920s |
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What You'll Learn
The United States Code is not the same as the Constitution
On the other hand, the Constitution of the United States of America is the foundational document of the nation. It outlines the structure and powers of the federal government, as well as the rights and freedoms of its citizens. The Constitution is a much shorter document compared to the United States Code and serves as the supreme law of the land. Any law or statute that is inconsistent with the Constitution is considered invalid and unconstitutional.
The Constitution establishes the framework and principles that guide the creation of laws, including those found in the United States Code. It sets forth the legislative process, outlining the roles of Congress, the President, and the courts in enacting and interpreting laws. The Constitution also establishes the limits and boundaries within which the legislative branch operates, ensuring that laws enacted by Congress are consistent with the values and principles enshrined in the Constitution.
While the United States Code contains the specific laws and statutes enacted by Congress, the Constitution provides the overarching guidelines and principles that shape the legislative process. The Constitution is the foundation upon which the legal system is built, while the United States Code is the body of laws that gives effect to the principles outlined in the Constitution. The Code is a reflection of the legislative branch's efforts to translate the Constitution's principles into concrete laws that govern the daily lives of Americans.
It is important to distinguish between the two, as they serve different purposes and have distinct roles in the US legal system. The Constitution is the fundamental framework that defines the nation's governing principles, while the United States Code is the comprehensive collection of laws that gives effect to those principles and governs the day-to-day lives of Americans.
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The US Code is a collection of codified laws
The US Code only includes "general and permanent" laws, which are typically laws that apply to a wide range of people and are not limited to a specific time frame or a single fiscal year, like budget laws. However, if a law with a limited scope or duration contains significant provisions, it may be included in the Code as well. For example, an Act providing relief for family farms might affect items in multiple Titles of the Code, such as Title 7 (Agriculture), Title 26 (Tax), and Title 43 (Public Lands). In such cases, the various provisions of the Act would be placed in the relevant sections of the Code.
The process of codifying the Acts of Congress began in the late 19th and early 20th centuries, with the Criminal Code of 1909 and the Judicial Code of 1911 being enacted. However, a comprehensive official code was not achieved until the 1920s when Congress approved the United States Code. The Code is regularly updated to incorporate new laws and reflect any amendments made to the Constitution.
Practising lawyers often use annotated versions of the Code, such as the United States Code Annotated (USCA) and the United States Code Service (USCS), which provide additional information and references to court decisions and legal articles related to each section of the law. These annotated versions help lawyers understand the context and interpretation of the laws and may also include uncodified provisions that are part of the Public Laws.
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The US Constitution is amended by a specific process
The US Constitution is a flexible document that can be amended, but it requires a specific process to achieve this. The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process is a challenging and lengthy one, as it should be, given the importance of the changes.
Amendments can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. This has been the route for all 27 amendments made to the Constitution since 1787. The other option is for two-thirds of state legislatures to request a Constitutional Convention, but this has never happened. The President does not have a role in the process.
Once an amendment is proposed, it is sent to the National Archives and Records Administration (NARA) for the ratification process. The Archivist of the United States has delegated many of the duties associated with this function to the Director of the Federal Register. The amendment is then sent to the States, and when a State ratifies it, they send an original or certified copy of the action to the Archivist, who passes it to the Director of the Federal Register.
For an amendment to become part of the Constitution, three-quarters of the States (38 out of 50) must ratify it. Once this happens, the Director of the Federal Register drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, and it serves as official notice that the amendment process is complete.
Some notable amendments to the Constitution include the first ten amendments, adopted as the Bill of Rights, the amendment that gave women the right to vote, and the amendment that lowered the minimum voting age to 18.
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The US Code is published by private companies with annotations
The United States Code (U.S.C.) is the official code for federal statutes. It is published by the Government Printing Office (GPO) and is available in both print and electronic formats. A new edition of the Code is typically issued every six years, with annual cumulative supplements that outline the changes made by Congress since the last "main edition". The official code was last printed in 2018 and is available in HTML and XML bulk formats.
In addition to the official U.S.C., there are two unofficial codes for federal statutes: the United States Code Annotated (U.S.C.A.) and the United States Code Service (U.S.C.S.). These annotated versions of the Code are published by private companies, such as West (part of Thomson Reuters) and LexisNexis (part of Reed Elsevier), respectively. These versions contain notes following each section of the law, which organize and summarize court decisions, law review articles, and other relevant authorities. They also include uncodified provisions that are part of the Public Laws.
The publishers of the unofficial codes frequently issue supplements, in the form of pocket parts or pamphlets, that contain newly enacted laws and updated secondary materials. These supplements are crucial as Congress frequently enacts new laws and amends or repeals existing ones. The unofficial codes are therefore often cited because they may contain the most current version of a statute, which has not yet been published in the official U.S.C.
Annotated codes offer several advantages over official codes. They are updated more frequently, with annual and mid-year supplements, and provide additional explanations and analysis of amendments and changes to the Code. They also include valuable research-related annotations, such as annotations to legislative history, related codes, and section references. For these reasons, annotated codes published by private companies can be extremely useful for research and legal purposes.
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The US Code is not static, it changes over time
The US Code is a compilation of the general and permanent laws of the United States. It is a collection of statutes that have been enacted by Congress and signed into law by the President. The Code is not static, and it changes over time as new laws are passed or existing laws are amended.
The process of codification began in the late 19th century, with the first edition of the United States Code being published in 1907. However, the official codification of the US Code did not take place until 1926 when it was approved by Congress. Since then, the Code has been updated and amended numerous times to reflect changes in the law.
One example of how the US Code has changed over time is the addition of amendments to the Constitution. Whenever an amendment to the Constitution is adopted, it is published by the Archivist of the United States and becomes a valid part of the Constitution. For instance, in 1951, an amendment was made to the Constitution, which was then amended again in 1984.
Another way the US Code can change is through the bundling of provisions. Complex legislation often addresses a social or governmental problem by including provisions that fall under different areas of the Code. For example, an Act providing relief for family farms might affect agriculture, tax, and public lands. When this Act is codified, its provisions are placed in different parts of the Code, resulting in changes to multiple sections.
Additionally, the US Code can be modified through editorial changes made by the LRC. While these changes do not constitute positive law, they help to update and clarify the Code. For instance, the phrase "the date of enactment of this Act" may be replaced with the actual date of enactment.
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Frequently asked questions
The United States Code is a compilation of legislation passed by Congress that has been codified, or organised, into a set of numbered volumes.
No, the United States Code is not part of the Constitution. The Code is a separate compilation of laws passed by Congress, while the Constitution is the foundational document of the United States.
The process of creating the United States Code involves codifying the Acts of Congress. This process began in 1897 with a commission that aimed to organise the growing body of legislation. The commission's work was never completed, and only the Criminal Code of 1909 and the Judicial Code of 1911 were enacted. In 1926, Congress approved the United States Code, which included cross-reference tables between the Code and unofficial codes published by private publishers.
Only "general and permanent" laws are codified in the United States Code. This typically excludes provisions that apply to a limited number of people or for a limited time, such as most appropriation acts or budget laws. However, if these limited provisions are significant, they may be included as "notes" under relevant sections of the Code.
Yes, there are two main annotated versions of the United States Code: the United States Code Annotated (USCA) and the United States Code Service (USCS). These versions are published by private companies and include notes that summarise court decisions, law review articles, and other relevant authorities. They may also include uncodified provisions that are part of the Public Laws.
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