Hierarchy Of Law – Assignment Example
Hierarchy of Law United s Legal System The Constitution The United s Constitution is the "Supreme Law of the Land" which provides the foundation for the government, and assures the freedom and rights of all citizens. The Constitution’s standards may not be opposed by any law. No governmental authority is exempted from compliance. Only the federal courts are authorized to interpret the Constitution and to assess the constitutionality of the laws of the federal or state.
The International Treaties created by the United States are the highest law, and so are the federal statutes. If there is a disagreement between a treaty and a federal statute, the most recent and detailed will generally be in power. Treaties signed by the United States are enlisted in the U.S. Treaties Service, the Treaties and other International Acts Series issued by the State Department, the Statutes at Large, and the United Nations Treaty Series. Federal statutes execute these treaties.
Federal Statutes are initially made public in the Slip Law, then in the Statutes at Large and later in the United States Code. Disputes with regard to federal statutes may solely be examined in federal court.
Agency Rules and Executive Orders
Federal executive organizations make decrees and bylaws of a “quasi-legislative nature.” Legal federal laws have the “force of law” and power to suspend state laws and rules. Only the statutory authority approved by the Congress can issue decrees and bylaws.
The President can also exercise authority over issuance of executive orders to other officials in the different executive branches of the nation. Executive orders, administrative notices, projected and final rules are published daily in the Federal Register.
All descriptions, functions, procedural rules, final reports, accounts, general statements and applications of every federal agency must be made public. Agency rules may be challenged in federal court.
The federal courts have the exclusive right to evaluate the rules and actions of all federal agencies to guarantee its legality under the substantive federal statute. Approved administrative regulations are published in the Federal Register and the Code of Federal Regulation.
The common law of every state in the U.S. has no legislative foundation; judges create common law through the application of standard resolutions to current cases. State courts are the main source of common law. Generally under the state’s jurisdiction, the laws on property, contracts, and torts are conventional parts of the common law.
State Constitutions and Statutes
Inside every state, there are exclusive constitutions. State statutes must abide by the rules of their own constitution. The federal legislation or federal Constitution has authority over all state constitutions. Community agreements, ordinances, decrees, and directives are valid exclusively to limited issues within its locality.
State citations to official sources in the U.S. are in compliance with the Uniform System of Citation, also known as the Bluebook. The Bluebook contains all statutory collections, administrative rules, and abbreviations for all state and federal courts. An association of law schools throughout the country updates the Bluebook every few years (“Introduction to the United States Legal System,” 2010).
Introduction to the United States Legal System. (2010). Lectric Law Library.
Retrieved 3 June 2010 from: http://www.lectlaw.com/files/env02.htm