Anaya Nolan
In the United States, statutory law is comprised of laws passed by the legislature. The federal government's statutory laws are acts passed by the United States Congress, which are designated as Public Laws or Private Laws. Public laws are those that apply to the general public, while private laws are specific to certain institutions or individuals. State legislatures can propose federal laws by passing resolutions to be transmitted to the House and Senate as memorials. Once a bill is passed by both houses and the President or a state governor, it becomes a law.
| Characteristics | Values |
|---|---|
| Who can make statutory law? | The legislative branch of government, e.g. US Congress, state legislators |
| Who can propose a bill? | A sitting member of the US Senate or House of Representatives, citizen groups, state legislatures |
| What is a bill? | A proposal for a new law or a change to an existing law |
| What is a joint resolution? | A type of bill that may include a preamble preceding the resolving clause |
| What is a statute? | A law written and enacted by the legislative branch of government |
| What is a regulation? | Rules written by agencies to supplement laws passed by the legislature |
| What is a session law? | A publication that contains laws passed by both houses and the President or a state governor |
| What is a statute's legislative history? | The various documents created during a bill's progress through the legislature, including revisions, debates, hearings, and reports |
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What You'll Learn
Statutory law and the legislative branch
Statutory law in the United States comprises laws passed by the legislature. The legislative branch of the federal government is responsible for creating statutes and regulations, which form the bulk of the laws that govern society.
The process of lawmaking in the legislative branch typically begins with a bill, which is a proposal for a new law or a change to an existing one. A bill can be introduced by a sitting member of the Senate or House of Representatives, often during an election campaign. Members can also be petitioned by individuals or citizen groups to propose a new law or amendment. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill then proceeds through various stages of review and approval by legislative bodies, such as the House and the Senate, and may be amended or engrossed before being sent to the executive branch.
The executive branch, consisting of the President or a state governor, plays a crucial role in enacting bills into law. Once a bill is passed by both houses and signed by the executive, it becomes a law. These laws are typically published in "Session Laws" or "Statutes at Large" and are designated as Public Laws or Private Laws. Public laws relate to the general public, while private laws concern specific institutions or individuals. Most of the laws passed are public laws.
It is important to note that statutes can be amended, repealed, or overturned by court decisions. Therefore, researchers and practitioners of law must ensure they are working with the most current and accurate information. This can be achieved by consulting resources such as the Hein Checklist of Statutes, pocket parts, legislative histories, and research guides provided by law schools.
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How a bill becomes a law
In the United States, statutory law is made up of laws passed by the legislature. A bill is a proposal for a new law or a change to an existing law. 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 a member of Congress. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then considered by the president, who can either approve and sign it into law or refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can usually vote to override the veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be pocket vetoed by default, and this cannot be overridden by Congress.
The process of how a bill becomes a law differs slightly between the House of Representatives and the Senate. While both are equal in how they function, there are some procedural differences. For example, only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate does so through deliberation and debate before voting.
The legislative history of a statute refers to the various documents created during a bill's progress through the legislature. These documents include revisions, debates, hearings, and reports about the bill. They are important for understanding the legislature's intent in passing a law.
In the case of a joint resolution amending the Constitution, the process is slightly different. When a joint resolution is approved by two-thirds of both Houses, it is sent directly to the Archivist of the United States for submission to the states. Ratification by the legislatures of three-fourths of the states within the prescribed time is necessary for the amendment to become part of the Constitution.
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The role of the President
The President plays a crucial role in the creation of statutory law in the United States. While the legislative branch, including Congress and state legislators, is responsible for drafting and proposing bills, the President has the power to approve or veto them. Once a bill is passed by both houses of Congress, it is sent to the President for approval. If the President signs the bill, it becomes a law, known as a Public Law or a Private Law, depending on whether it relates to the general public or specific institutions or individuals.
The President's role in the legislative process is not merely passive, as they can also propose measures for consideration by Congress. Article II, Section 3 of the Constitution mandates that the President periodically reports to Congress on the "State of the Union" and recommends measures they consider necessary. These executive communications often serve as a basis for legislative proposals, with the relevant committee chairman or ranking minority member introducing the bill.
Additionally, the President's signature is required for a bill to become a law. If the President vetoes a bill, it is sent back to Congress, where a two-thirds majority in both houses is required to override the veto and pass the bill into law without the President's approval. This showcases the President's significant influence in shaping the country's legal framework.
It is worth noting that state governors also play a role in the legislative process. In some cases, they can appoint a successor to fill a vacant Senate seat until the next election. State governors also have the power to sign or veto bills passed by the state legislature, similar to the President's role at the federal level.
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State legislature and federal laws
In the United States, statutory law refers to the laws passed by the legislature. At the federal level, this means acts passed by the United States Congress, which can be designated as either Public Laws or Private Laws. Public laws relate to the general public, while private laws concern specific institutions or individuals.
The process of lawmaking at the federal level begins with a bill, which is a proposal for a new law or a change to an existing law. A bill can be introduced by a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups, who recommend new or amended laws to their Congressional representative. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. The committee chairman or ranking minority member often introduces the bill to the House, either in its original form or with desired changes.
State legislatures also play a role in lawmaking. They can "memorialize" Congress to enact specific federal laws by passing resolutions to be transmitted to the House and Senate. Additionally, in cases where a Senator dies or resigns during their term, the state legislature can authorize the governor to appoint a successor until the next election. Most state legislatures have granted this power of appointment to their governors.
It is important to note that statutes and regulations are distinct. Statutes, or codes, are written and enacted by the legislative branch (Congress or state legislators). On the other hand, regulations, or rules, are written by agencies (e.g., the Environmental Protection Agency) to supplement the laws passed by the legislature.
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Statutory annotations and case law precedent
In the United States, statutory law at the federal level is made up of laws passed by the legislature, specifically the United States Congress. Congress is the branch of the federal government responsible for lawmaking. A bill, or proposal for a new law or change to an existing law, can be introduced by a sitting member of the US Senate or House of Representatives, proposed during an election campaign, or petitioned by citizens or citizen groups. Once a bill is passed by Congress and signed by the President, it becomes a Public Law.
Statutory annotations are a crucial aspect of legal research. They refer to the references included in unofficial codes, which are commercially published versions of official codes used for legal research. These annotations provide additional context and depth to the statutes, including the legislative history and intent behind a particular bill. Annotations can include references to primary and secondary sources, case law, and other materials that interpret the statutory language. They are a valuable resource for understanding the application of a statute and can be found in both print and electronic formats.
Case law precedent is established when judicial decisions interpret and apply statutory law. These decisions create a body of precedent that guides future cases involving similar issues. Case annotations within statutory codes are editorially selected cases that illustrate the application of a particular statute. They provide examples of how the law has been interpreted and applied in specific situations, offering valuable insights into its practical implementation.
When conducting legal research, it is important to consult a variety of sources, including annotated codes, unannotated codes, and secondary sources such as legal encyclopedias and treatises. Annotated codes contain the text of the statutes along with citations to relevant case law, regulations, and secondary sources. Unannotated codes provide the text of the law and a historical statement without additional references. Secondary sources can offer a general overview of an area of law and lead researchers to pertinent case law and statutes. By utilizing these various resources, researchers can gain a comprehensive understanding of the statutory law and its practical implications.
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Frequently asked questions
Statutes, also referred to as codes, are laws written and enacted by the legislative branch of government.
A bill is a proposal for a new law or a change to an existing law. 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. Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to the bill. If the bill is approved by the legislative body, it is sent to the other legislative body (e.g. from the House to the Senate). If the second body approves, it is sent to the President or a state governor for signing. Once signed, it becomes a law.
Statutes are laws written and enacted by the legislative branch of government (e.g. Congress, state legislators). Regulations, or rules, are written by agencies (e.g. Environmental Protection Agency) to supplement laws passed by the legislature.
Statutes are published in a state's code, grouped by subject matter into Titles (e.g. "Penal Code", "Family Code", or "Probate Code"). They are also published in "Session Laws" or "Statutes at Large".
