Simone Lawson
Statutes and constitutions are both integral components of a country's legal framework, with constitutions typically serving as the foundational documents that establish the structure, principles, and functioning of a country's government, while statutes refer to the laws enacted by the legislative body within that constitutional framework. The relationship between the two is hierarchical, with constitutions being the supreme law that takes precedence over statutes. Any statute that conflicts with a constitutional provision is deemed void and cannot be enforced. This relationship ensures that the laws enacted by a country's legislative body align with the overarching principles and values enshrined in its constitution.
| Characteristics | Values |
|---|---|
| The highest source of law in the US legal system | Constitutions |
| The second-highest source of law in the US legal system | Constitutionally valid statutes |
| The structure of the US system of government | The United States Constitution |
| The legislative branch of the government | Article I of the US Constitution |
| The executive branch of the government | Article II of the US Constitution |
| The judiciary | Article III of the US Constitution |
| The relationship between the states | Article IV of the US Constitution |
| Procedure for amending the Constitution | Article V of the US Constitution |
| The Constitution as the "supreme Law of the Land" | Article VI of the US Constitution |
| The highest legal authority within a state | State constitution |
| Applicable to everyone within a state | State statutes |
| Common law | Judge-made law |
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What You'll Learn
The US Constitution and its role as the 'supreme law of the land'
The US Constitution is the highest source of law in the United States legal system. It establishes the structure of the US government, allocating power and responsibility among the three branches of government, and outlining its fundamental principles. The Constitution is the supreme law of the land, and all other laws must be in accordance with its provisions.
The Constitution's role as the supreme law of the land is established by the Supremacy Clause (Article VI, Clause 2), which states that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land". This means that they take priority over any conflicting state laws, and state courts and constitutions are bound by this supreme law. The Supremacy Clause is considered a cornerstone of the United States' federal political structure, emphasising the priority of federal authority as outlined in the Constitution.
The US Constitution was drafted with the aim of creating a government with sufficient power to act at a national level while also protecting fundamental rights. This was achieved by separating the powers of government into three branches—legislative, executive, and judiciary—and implementing checks and balances to ensure no single branch gained supremacy. The Constitution also establishes the relationship between the states, requiring them to give "full faith and credit" to the laws, records, contracts, and judicial proceedings of other states, and prohibiting discrimination against citizens of other states.
The Constitution has been amended 27 times since its ratification, with a process for amendments outlined in Article V. The first ten amendments, introduced by James Madison in 1789, are known as the Bill of Rights, which includes fundamental rights such as freedom of religion and the protection of fundamental rights of US citizens. The Constitution's role as the supreme law of the land means that any law repugnant to it is void, and all courts and government departments are bound by its provisions.
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The relationship between common law and statutes
Common law and statutory law are the two main types of law within a legal system. They both set standards of acceptable behaviour and justice for citizens and the government. While they are both essential to how the legal system functions, they have very different origins and applications.
Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. It is sometimes called "judge-made" law. Judges are empowered to make these decisions by the constitution and statutes. When a judge decides a case and publishes a written decision, the decision becomes the precedent for future litigation. Common law is more malleable than statutory law. It is interpretive and evolves through court decisions. Common law can be reinterpreted by judges. It draws from institutionalized opinions and interpretations from judicial authorities and public juries. Common laws sometimes prove the inspiration for new legislation to be enacted. For example, the U.K. has long had a common-law offence of "outraging public decency". In February 2019, the U.K. Parliament passed the Voyeurism (Offences) Act that officially makes upskirting a crime.
Statutory law, on the other hand, is created by legislative bodies and is written and codified. It is also sometimes called "civil law". Statutory law is much more rigid in its application. Judges apply the law as written, without relying on past cases to interpret it. Statutory law can be amended or repealed by lawmakers. It is subject to change and can be overturned, modified, or updated, especially if it is found to be unconstitutional. Some statutes are even written with an expiration date and must be renewed if still deemed necessary.
Common law and statutory law are followed by most nations in the world. The contrast between civil law and common law legal systems has become increasingly blurred, with the growing importance of statute law and codes in common law countries. Common law countries are increasingly adopting codes, similar to civil law systems, in areas such as bankruptcy, intellectual property, antitrust, banking regulation, securities, and tax law.
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The role of the Supreme Court in interpreting statutes
The Supreme Court is the highest court in the United States, and it plays a crucial role in interpreting statutes. It is an appellate court, which means it hears lower-court cases on appeal. The Court's interpretive function falls into two broad categories: statutory interpretation and constitutional interpretation.
In statutory interpretation, the Supreme Court authoritatively defines ambiguous words and phrases in federal laws as they apply to specific controversies between litigants. This process is known as textualism. This interpretation becomes binding on all lower courts in future disputes involving the same statute. The Court's interpretation of federal statutes is guided by rules and conventions, which help justices determine the meaning of laws and governmental actions.
The Supreme Court's interpretation of statutes is essential for several reasons. Firstly, it ensures that the laws are applied consistently and fairly across the country. Secondly, it provides clarity and guidance to lower courts and government officials when interpreting and applying the law. Additionally, the Supreme Court's interpretation can shape public policy and protect the rights and liberties of individuals, as seen in the Bostock v. Clayton County case, where the Court interpreted the Civil Rights Act to protect LGBTQ employees from discrimination.
The Supreme Court also plays a vital role in constitutional interpretation. Under Article III of the Constitution, the Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over a wide range of cases involving constitutional and federal law. The Court's power of judicial review allows it to declare a Legislative or Executive act unconstitutional, ensuring that all branches of government respect the limits of their power.
In conclusion, the Supreme Court's role in interpreting statutes is crucial in maintaining the integrity of the legal system, protecting the rights of individuals, and ensuring that the government operates within the framework established by the Constitution. The Court's interpretations shape the law and influence society as a whole.
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The historical development of statutes in the US
The relationship between statutes and constitutions is an essential aspect of the US legal system. Constitutions act as the highest source of law, and statutes are the second highest source of law in the US legal system. Statutes are laws and resolutions passed by Congress, and the US Constitution sets out the structure of the US government, allocating power and responsibilities.
The United States Statutes at Large, commonly referred to as the Statutes at Large, is the official source for laws and resolutions passed by Congress. Publication began in 1845 by Little, Brown and Company under a joint resolution of Congress. In 1874, Congress transferred publication responsibilities to the Government Printing Office, which has produced the Statutes at Large ever since. Every law passed by Congress is published in the Statutes at Large in chronological order.
Until 1948, all treaties and international agreements approved by the Senate were also published in the Statutes at Large. The collection includes the Declaration of Independence, Articles of Confederation, the Constitution, amendments, treaties with Indians and foreign nations, and presidential proclamations.
In 1937, the Government Printing Office (GPO) began publishing the Statutes annually. After a bill is introduced and passed by the Senate or House of Representatives, it is forwarded to the other chamber for consideration. If passed, it is then enrolled and sent to the President. For a bill to become a law, it must be approved by the President or, if vetoed, by two-thirds of the Senate and House of Representatives. Public Laws, or "Acts", are broadly applicable, while Private Laws are more limited in scope.
Historical and superseded statutes are valuable resources for understanding the law at a particular point in time. Older state statutes are accessible online via Westlaw, Lexis, and HeinOnline, with coverage varying by state and generally ending in the mid-20th century. Secondary sources, such as treatises and practice guides, are useful for identifying controlling statutes and learning about the historical context of the law.
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The process of creating federal statutes
Constitutions are the highest source of law in the United States legal system, and federal statutes are the laws passed by Congress, usually with the approval of the President. Federal statutes are published in chronological order and are later codified by subject. The process of creating federal statutes can be broken down into the following steps:
- Proposal: The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens who recommend a new or amended law to their representative.
- Committee Assignment: Once introduced, a bill is assigned to a committee whose members will research, discuss, and make changes to it.
- Voting in One Body of Congress: The bill is then put before one chamber of Congress (either the Senate or the House of Representatives) for voting.
- Voting in the Other Body of Congress: If the bill passes one body of Congress, it goes through a similar process in the other body, including research, discussion, changes, and voting.
- Reconciliation: Once both bodies of Congress have accepted a bill, they must reconcile any differences between the two versions.
- Presidential Approval: The bill then goes to the President for approval. If the President chooses to veto the bill, Congress can usually vote to override the veto, and the bill becomes a law. If the President does not approve the bill and Congress is no longer in session, the bill is vetoed by default, which is called a "pocket veto".
- Publication: Federal statutes are published in chronological order and are later codified by subject. They are published in various formats, including slip laws, session laws, and codified laws, and are available in print and electronic sources.
Federal statutes are an important part of the United States legal system, and their creation involves a collaborative process between Congress and the President.
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Frequently asked questions
Constitutions act as the highest source of law in the United States legal system. No other law can be valid if it conflicts with a constitutional provision. Statutes are laws enacted by a legislative body of a government, whether federal or state, and they act as the second highest source of law in the United States legal system.
No. A statute cannot violate the constitution it falls under. For example, a state statute cannot violate the state constitution, the federal constitution, or federal law.
When there is a question regarding the meaning of a statute or whether a statute follows the constitution, the Supreme Court is asked to review the law. The Court then writes an opinion on that law.
The US Constitution, signed on September 17, 1787, and effective as of March 4, 1789, establishes the government of the United States and acts as the supreme law of the land. Federal statutes are organized by subject matter in the US Code. State constitutions are often modeled after the federal Constitution and address the structure and responsibilities of the state government.
