Us Law: Universal Or Unique?

The United States of America is governed by a system of laws and processes designed to ensure order and protect the rights of its citizens. This is known as the 'rule of law'. The US Constitution, drafted in 1787 and enacted in 1789, is the country's supreme law and consists of seven articles and 27 amendments. The US Code contains the laws passed by the US Congress, which includes the US House of Representatives and the US Senate. These laws are often interpreted by federal courts, which consist of three tiers: federal district courts, US Courts of Appeals, and the US Supreme Court. The US legal system also draws a distinction between procedural law, which governs the process of legal rights and duties, and substantive law, which is the actual substance of the law.

How laws are made

The United States Congress is responsible for making and approving federal laws. The process is not easy, and it takes a long time. A law begins when someone proposes an idea. The idea can come from anyone, but it has to get to a U.S. lawmaker who wants it to become legislation. In time, the idea is further developed into a written proposal, called a bill. Then, a member of Congress—that is, a senator or a member of the House of Representatives—officially proposes the bill. Lawmakers usually sponsor bills that are important to them or the people who live in the area they represent.

Once the bill has been introduced, it is assigned a number, officially recorded, and sent to a small group of lawmakers called a "committee". Committees are responsible for a specific public policy or area of government and are considered experts in their field. Before passing the bill, the committee may decide to make changes. If the committee finally agrees to pass the bill, it will then move on to the main chamber of the House or Senate for approval. The representatives will discuss and debate the bill, and then a vote will take place. If the bill passes, then it will be sent to the other chamber to repeat the process. If the second chamber also approves the bill, lawmakers from both the House and the Senate may have to discuss it again to settle any differences.

Finally, the agreed-upon bill is sent to the president. The president has a few choices about what to do. If the president signs it, the bill becomes a law. If the president does nothing and Congress is officially meeting, the bill becomes a law. But if the president does nothing and Congress is not in session, the bill does not pass. Or the president can officially reject—or veto—the bill. If that happens, the bill is not stopped. Instead, it is returned to both the Senate and the House. If two-thirds of the senators and two-thirds of the House members approve the bill once again, they override the veto. That is, even with the president objecting, they turn the bill into a law.

Only around 5% of bills introduced in Congress eventually become law. In order to prevent a vote on a bill, sometimes a Senator will extend the debate by giving a really long speech, called a filibuster.

Procedural and substantive law

Procedural law establishes the rules and regulations by which court proceedings that deal with the enforcement of substantive laws are conducted. Procedural laws govern how court proceedings dealing with the enforcement of substantive laws are conducted. It is concerned with the procedural steps involved in bringing a case to court, from the initial filing of the case to the final judgment. Procedural law ensures that legal proceedings are conducted in a fair and just manner. It lays down the rules for initiating a lawsuit, the pre-trial procedures, the conduct of trials, and the rules for appeals and post-trial procedures. Procedural laws of evidence govern the admissibility of evidence and the presentation and testimony of witnesses. For example, when judges sustain or overrule objections raised by lawyers, they do so according to procedural laws. Procedural law deals with how guilt is determined. In the US, civil procedure usually takes the form of a series of rules and judicial practices. The federal courts follow the Federal Rules of Civil Procedure (FRCP), and the state courts follow their own state rules of civil procedure.

Substantive law, on the other hand, refers to the rules and regulations that define the rights, duties, and obligations of individuals and entities. Substantive law establishes the rights and obligations that govern people and organizations; it includes all laws of general and specific applicability. Substantive law defines what constitutes a crime, how to establish liability for a breach of contract, and the consequences of violating someone's property rights. Substantive law governs how guilt or innocence is to be determined as well as how crimes are charged and punished. It determines guilt or innocence, specifically, what elements the prosecutor must prove beyond a reasonable doubt. Substantive laws can vary by state and jurisdiction, but at their core, they’re about the behaviour or conduct involved in a crime. For example, to secure a conviction for a charge of felony-level driving while intoxicated, prosecutors must prove the following substantive elements of the crime: that the accused person was, in fact, the person operating the motor vehicle.

Federal vs state law

The United States uses a system called federalism, which is the division of powers between national and regional governments. The U.S. Constitution is the foundation of federal law and is the supreme law of the land. Federal laws apply to everyone in the United States and are decided by the Legislative Branch of the federal government (Congress). Congress may also pass legislation to enact new federal laws and amendments to the Constitution. The federal courts, including the U.S. Supreme Court, uphold federal law, which includes matters that fall into immigration law, bankruptcy law, civil rights law, and social security law.

State laws are laws that have been adopted by a state legislature and signed into law by the state governor. They apply to people who live or work in a particular state, commonwealth, or territory. State laws can never reduce or restrict the rights of a U.S. citizen, but they can afford state residents more rights. State laws also cannot undermine the responsibilities of citizens at the federal level, but they can assign them more responsibilities at the state level. When a state law affords a person more rights than federal law, the state law prevails, but only within that state.

Both federal and state governments share certain powers called concurrent powers. For example, some topic areas are governed by both state and federal law, such as when federal funds are offered to a state. However, when Congress and state legislatures use their concurrent powers to pass laws that conflict, federal laws take priority over state laws. This is due to the Supremacy Clause in Article VI of the Constitution, which says that laws enacted in furtherance of the U.S. Constitution are the "supreme law of the land," and that federal laws have superiority over state laws.

Amending the Constitution

The United States Constitution was written "to endure for ages to come", as Chief Justice John Marshall wrote in the early 1800s. To ensure its longevity, the framers made the process of amending the document a difficult task. The Constitution has been amended only 27 times since it was drafted in 1787, including the first 10 amendments—the Bill of Rights—adopted four years later in 1791.

The authority to amend the Constitution of the United States is derived from Article V of the Constitution. The process is very difficult and time-consuming. A proposed amendment must be passed by a two-thirds majority vote in both the House of Representatives and the Senate. It can also be proposed by a constitutional convention called for by two-thirds of state legislatures. However, none of the 27 amendments to the Constitution have been proposed by constitutional convention.

Once an amendment is proposed by Congress, the Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register. When a state ratifies a proposed amendment, it sends the Archivist an original or certified copy of the state action, which is immediately conveyed to the Director of the Federal Register. The OFR examines ratification documents for facial legal sufficiency and an authenticating signature. If the documents are in order, the Director acknowledges receipt and maintains custody of them.

A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). When the OFR verifies that it has received the required number of authenticated ratification documents, it 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 serves as official notice to Congress and the nation that the amendment process has been completed.

The Bill of Rights

The amendments in the Bill of Rights include:

• The government cannot establish a particular religion and may not prohibit people or newspapers from expressing themselves.
• The right of the people to keep and bear arms shall not be infringed.
• No soldier shall, in peacetime, be quartered in any house without the owner's consent.
• The government is barred from unreasonable search and seizure of an individual or their private property.
• People have the right against self-incrimination and cannot be imprisoned without due process of law.
• The right to a speedy and public trial, trial by an impartial jury in criminal cases, and to be informed of criminal charges.

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