Codified Law: Can It Be Overturned?

The US legal system is based on the system inherited from the United Kingdom, but there are important differences between the two systems. One of the primary functions of the Supreme Court of the United States (SCOTUS) is to determine the constitutionality of a law. If the Supreme Court rules that a law is unconstitutional, it can be partially or completely overturned. However, the Supreme Court cannot overturn an amendment to the constitution. In this context, the question arises: can a codified law be overturned?

The Supreme Court's power to overturn codified law

The Supreme Court is the highest judicial body in the country and plays a critical role in all matters of federal law. It has the power to overturn any codified law that it deems to be unconstitutional. This is known as judicial review, which was established by Marbury v Madison. However, it is important to note that the Supreme Court cannot overturn an amendment to the Constitution.

The process of codifying a law involves enshrining a right or rule into a formal systematic code. In the United States, this can be done through an act of Congress in the form of a federal law or by state legislatures enacting laws. For example, following the Supreme Court's decision to overturn Roe v. Wade, there have been efforts to codify abortion rights at the federal level. President Joe Biden has urged lawmakers to act, stating that "The only way we can secure a woman's right to choose and the balance that existed is for Congress to restore the protections of Roe v. Wade as federal law."

While the Supreme Court has the power to overturn codified laws, it doesn't always have the final say. Congress can check the court, especially when it comes to interpreting federal statutes, which Congress can more readily amend. For example, Democratic Senator Elizabeth Warren introduced the Stop Corporate Capture Act, aimed at reinstating the Chevron precedent and codifying the standard that federal agencies were entitled to deference when interpreting and implementing ambiguous congressional statutes. This act seeks to address disagreements with Supreme Court interpretations of statutes.

It is worth noting that the Supreme Court's power to overturn codified laws is not absolute. In the case of Dobbs v. Jackson Women's Health Organization, the court overturned Roe v. Wade, taking away the right to abortion. However, historically, it is unusual for the Supreme Court to take away rights. Additionally, public opinion and political consequences can influence the court's decisions, as in the case of gay marriage, where the Supreme Court deemed that preventing gay people from marrying was unconstitutional.

Congress's ability to supersede the Supreme Court

Congress can check the Supreme Court, but it cannot directly overturn a federal court decision because of the separation of powers and the system of checks and balances established by the Constitution. However, Congress can respond to court decisions by passing new legislation or amending existing laws. For instance, Congress can use its Spending Clause power to offer money to states for healthcare, conditioning the receipt of such money on states decriminalizing abortion under their own state laws.

Congress can also propose amendments to the Constitution to address judicial interpretations. This requires a rigorous approval process, with two-thirds of both houses of Congress proposing an amendment that must then be ratified by three-quarters of the states. This strategy has not been used in over 30 years.

Congress can also achieve its goals without amending the Constitution by enacting statutes that extend constitutional principles through its enumerated powers. These include the ability to regulate commerce and attach conditions to money given to states, as well as the ability to enforce the Reconstruction Amendments.

Congress can also impeach and remove federal judges, including Supreme Court justices, for misconduct. Additionally, the Senate confirms the President's nominations to the federal judiciary, including the Supreme Court. Furthermore, Congress has the authority to create lower federal courts and determine their structure and jurisdiction.

In summary, while Congress cannot directly overturn a Supreme Court decision, it has several tools at its disposal to influence, shape, and indirectly counter the Court's rulings.

The constitutionality of a codified law

The process of codification involves collecting and restating the laws of a jurisdiction, usually by subject, to form a legal code or codex (book) of law. Codification is a defining feature of civil law jurisdictions, and it gained prominence during the Enlightenment, with several European countries adopting it in the 18th century. Notable early examples include the Statutes of Lithuania from the 16th century and the French Napoleonic Code of 1804.

In the United States, the U.S. Constitution is the nation's fundamental law, codifying the core values of the people. The Supreme Court interprets the Constitution's meaning, as well as the meaning of laws passed by Congress. If a law passed by Congress conflicts with the Constitution, the Constitution takes precedence. This interpretation and judicial review are key features of the system of checks and balances.

While the Supreme Court can overturn codified laws that violate the Constitution, it cannot overturn an amendment to the Constitution. For example, the Supreme Court can strike down a law that establishes an official religion or requires attendance at religious services, as it would violate the First Amendment.

Congress can also play a role in addressing disagreements with Supreme Court interpretations of statutes. For instance, Democratic Senator Elizabeth Warren introduced the Stop Corporate Capture Act, aimed at reinstating the Chevron precedent and clarifying the power of federal agencies to interpret ambiguous federal statutes. While this bill did not become law, it illustrates a strategy Congress can employ to counter Supreme Court interpretations.

The role of state law

In the United States, state law refers to the law of each separate U.S. state. The fifty states are separate sovereigns, with their own state constitutions, state governments, and state courts. Each state has a legislative branch that enacts state statutes, an executive branch that creates state regulations, and a judicial branch that applies, interprets, and sometimes overturns state statutes, regulations, and local ordinances.

State laws cover a wide range of topics, including tort law, family law, property law, contract law, and criminal law. The laws of different states often come into conflict with each other, leading to a complex body of law regulating the conflict of laws in the United States. This diversity in state laws can be traced back to the Gilded Age, when new technologies and increased interstate commerce highlighted the challenges posed by varying state laws.

State legislatures play a crucial role in codifying rights and enacting laws within their respective states. For example, in the context of abortion rights, state legislatures can choose to decriminalize abortion under their own state laws. This can be influenced by federal incentives, such as the offer of additional funding for health care or other policy areas.

While the U.S. Constitution serves as the supreme law of the land, sharing power between the federal and state governments, state supreme courts typically have the final say in interpreting state laws unless a federal issue is involved, in which case a decision can be appealed to the U.S. Supreme Court. This dynamic illustrates the complex interplay between federal and state laws in the United States.

The role of case law

Case law and codified law are two important sources of law that form the foundation of various legal systems around the world. Case law refers to rulings and interpretations made by courts when deciding individual cases. It consists of precedents and interpretations established by courts through prior rulings in actual cases. Case law develops incrementally on a case-by-case basis from judicial decisions in prior cases. Precedents accumulate over time and are binding on lower courts under the principle of stare decisis.

Case law deals with narrow, technical points of law applied to specific fact situations. It helps bridge gaps and adapt the law to ever-changing societal contexts. It provides authoritative guidance on how the law will actually work. For example, in the case of New York State Rifle and Pistol Association v. Bruen, the Supreme Court ruled that the “proper-cause” requirement in New York was in conflict with the Fourteenth Amendment as it prevented citizens from exercising their Second Amendment rights for self-defence purposes. This ruling then shapes the codified law of New York.

Case law and codified law work symbiotically. While statutes provide structure and process, case rulings help to adapt the law to changing societal contexts. They demonstrate how custom, legislation, and interpretation all play vital roles in balancing stability and flexibility within a legal system. For instance, in the Dobbs case, the Supreme Court's interpretation of the Constitution was that it does not include the right to abortion. This interpretation then shapes the codified law.

In summary, case law plays a crucial role in the legal system by providing precedents, interpretations, and guidance on how the law operates in practice. It works in tandem with codified law to give a full picture of the legal system.

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