Gavin Howe
The United States is made up of 50 separate systems of law, with each state having its own legal system. While federal laws are generally applicable across all states, under constitutional laws, states are permitted to create, implement, and enforce their own laws. This is because each state is a sovereign entity with the power to create laws and adapt them to their unique characteristics and needs. As a result, state laws vary across the country, and individuals moving from one state to another must be aware of the legal differences.
| Characteristics | Values |
|---|---|
| Law Basis | The law of most states is based on English common law, except Louisiana, which is based on French and Spanish law. |
| Law Creation | States are permitted to create, implement, and enforce their own laws in addition to federal laws. |
| Law Variation | Laws vary between states, and an individual moving from one state to another should be aware of these differences. |
| Law Uniformity | Some laws tend to be uniform across states, such as voting laws and criminal laws. |
| Federal Supremacy | The Supremacy Clause of the US Constitution states that federal law supersedes state law in conflicting cases, but federal supersession does not always occur. |
| Federal Enforcement | Federal authorities can enforce their laws in states, even if the state has legalized activities that are illegal under federal law. |
| State Non-Compliance | The federal government is limited in how it can make states comply with its desired policies. |
| State Compliance | State-legalized marijuana sales remain illegal under federal law, but federal prosecutors are advised not to prioritize these cases. |
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What You'll Learn
State laws are based on English common law
In the dual sovereign system of American federalism, states are plenary sovereigns, each with their own constitution. This means that U.S. law is primarily made up of state law, which can vary significantly from state to state. The law of most of these states is based on English common law, with the notable exception of Louisiana, whose civil law is largely based on French and Spanish law. Louisiana stands alone as the only U.S. state with a civil law system, as its legal system is based on the French civil code that was in place before the U.S. purchased the state in the early 1800s.
English common law, also known as judicial precedent, judge-made law, or case law, is a body of law primarily developed through judicial decisions rather than statutes. It is deeply rooted in the principle of stare decisis, which means that courts and judges need to follow earlier decisions and rulings when dealing with similar cases later. This principle is derived from the Latin phrase stare decisis, which roughly translates to "to stand by things decided".
The actual substance of English law was formally "received" into the United States in several ways. Firstly, all U.S. states except Louisiana have enacted "reception statutes" which generally state that English common law is the law of the state unless it conflicts with domestic law or indigenous conditions. Some reception statutes impose a specific cutoff date for reception, such as the date of a colony's founding, while others are deliberately vague. Secondly, a small number of important British statutes in effect at the time of the Revolution have been independently reenacted by U.S. states. For example, the Statute of Frauds and the Statute of 13 Elizabeth (the ancestor of the Uniform Fraudulent Transfer Act) are still regularly cited in contemporary American cases.
Despite the presence of reception statutes, much of contemporary American common law has diverged significantly from English common law. Over time, state courts and legislatures have expanded, overruled, or modified the common law, resulting in differences in the laws of each state. While the courts of various Commonwealth nations are often influenced by each other's rulings, American courts rarely follow post-Revolution precedents from England or the British Commonwealth.
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Federal law supersedes state law
In the United States, the law of most states is based on English common law, with the exception of Louisiana, whose civil law is largely based on French and Spanish law. Over time, state courts and legislatures have expanded, overruled, or modified the common law, resulting in variations in the laws of different states. While states have the authority to make their own laws, the federal government can preempt state law, either expressly or impliedly.
The Supremacy Clause in the Constitution of the United States establishes that federal law is the supreme law of the land, superseding state laws. This clause addresses the lack of a similar provision in the Articles of Confederation, which previously governed the country. The Supremacy Clause ensures that federal law takes precedence over state law, and judges in every state are bound to follow it.
Federal law expressly preempts state law when it contains explicit language stating its supremacy. For example, in Arizona v. United States (2012), the Supreme Court ruled that federal immigration law preempted an Arizona state law penalizing undocumented immigrants working without authorization. The Immigration Reform and Control Act of 1986 included an express preemption clause, demonstrating Congress's intent to override the state law.
Federal law can also impliedly preempt state law when the intent to supersede is implicit in its structure and purpose. Implied preemption occurs when state and federal laws directly conflict or when federal laws dominate a field that state law seeks to regulate. For instance, in Gade v. National Solid Wastes Management Association (1992), the Supreme Court ruled that comprehensive federal laws on hazardous waste management preempted Illinois state laws on the same subject.
In summary, while states possess legislative powers and can enact their own laws, federal law supersedes state law in certain circumstances. The Supremacy Clause and the concept of preemption ensure that federal law takes precedence when there is a conflict or when Congress intends to occupy a specific legislative field. This dynamic maintains a balance between state autonomy and the need for uniform national standards.
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State laws vary by community standards and public policies
In the United States, each state has its own system of laws and courts, and these laws can vary significantly from state to state. This is because state laws are influenced by community standards and public policies, which differ across the country. For example, gun control laws in a state may be influenced by that state's crime rate, while marriage licensing laws may reflect the state's stance on same-sex marriage.
The law of most states is based on English common law, with the notable exception of Louisiana, whose civil law is largely based on French and Spanish law due to its colonial history. Puerto Rico, a former Spanish colony, is also a civil law jurisdiction within the United States. However, even in states with similar legal foundations, the passage of time has led to state courts and legislatures modifying and expanding upon the common law, resulting in unique legal systems for each state.
An example of how state laws can differ is in the area of contract law. In most states, contract law exists primarily in the form of case law, with limited statutory modifications. However, some states, such as California, Montana, North Dakota, and South Dakota, have largely enacted civil codes that provide a more comprehensive framework for contracts.
State laws can also vary in areas such as family law, property law, and criminal law. For instance, the requirements for creating a valid will may differ from state to state, and individuals who move to a new state may need to review their will to ensure it complies with the laws of their new state. Similarly, voting laws and marriage licensing laws can differ between states, and individuals who travel or move between states should be aware of these legal differences to avoid any issues.
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State laws on divorce and residency
In the United States, each state has its own legal system, and while they may share similarities, they are all distinct from one another. This is true of divorce and residency laws, which vary from state to state.
All states in the US have some form of residency requirement before allowing couples to file for divorce in local courts. These requirements differ in duration and conditions. The most common residency requirement is for at least one spouse to have lived in the state for six months before filing for divorce, but this can range from six weeks to two years. For example, in California, a couple must have been residents for six months prior to filing for divorce, and for three months in the county where they intend to file. In Michigan, there is a two-part residency requirement: a couple must have resided in the state for 180 days and in the county where they file for 10 days, unless the filing spouse is a citizen of a foreign country and there is a risk of child abduction. In Massachusetts, if the cause of the divorce occurred outside the state, at least one spouse must have lived there for a year before filing; otherwise, only one spouse needs to be a resident on the filing date.
Some states have additional conditions attached to their residency requirements. For instance, in Tennessee, if the events that led to the divorce happened within the state, the filing spouse must be a bona fide resident of the state. In Connecticut, one of the spouses must have been a resident of the state for at least a year, either before filing for divorce or before the date of the divorce decree.
The terms used to describe residency requirements also vary. While most states use the terms "reside" or "resident", some use the term "domicile", which refers to a person's permanent home, or the home they intend to return to after a period of absence.
It is important to research the divorce and residency laws of each state, as they can significantly affect the outcome of a case, especially if it involves issues like alimony, business valuations, military pensions, child custody, or property division.
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State laws on wills and inheritance
In the United States, state laws on wills and inheritance vary across different states. These laws are based on the common law of England, except in Louisiana, which is based on French and Spanish law, and Puerto Rico, which is a civil law jurisdiction.
There are three systems of inheritance laws in the US: community property, elective community property, and common law. Most states are governed by common law, which holds that every person is entitled to their property and the risks and benefits therein. In common-law states, ownership is determined by whoever's name is on the title of the property or by whoever's income was used to purchase it. However, in community property states, a married couple owns everything earned or acquired from the point of marriage onwards as joint property, with some exceptions, such as gifts and inheritances.
While spouses and children typically inherit first, followed by parents, siblings, and other family members, the order and portions to which each heir is entitled can differ significantly from state to state. For example, in common law states, a surviving spouse is not automatically entitled to half of the assets obtained during the marriage, but they may still have the right to claim a third or half of the estate, regardless of the will's terms. On the other hand, community property states like Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin allow spouses to own some property separately, such as inheritances or gifts kept separate, or property acquired before marriage.
It is important to understand the inheritance laws of your state when planning your estate to ensure your wishes are carried out and to prevent confusion or legal challenges. State intestacy laws define the rights of inheritance if there is no valid will, and some states have laws to protect against accidental disinheritance, especially for children. Additionally, certain states accept handwritten or holographic wills under specific conditions, while others do not. Therefore, consulting with an estate planning attorney in your state is crucial to understanding how state inheritance laws may impact your estate plan.
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Frequently asked questions
Yes, in the US, states are permitted to create, implement, and enforce their own laws in addition to federal laws.
Every state in the US is a sovereign entity with the power to create and regulate laws according to its unique characteristics and needs.
The area of law that addresses possible conflicts between state and federal laws is generally referred to as the Supremacy Clause of the US Constitution. Within this clause is the doctrine of "preemption", which states that federal law supersedes state law in many, but not all, cases of conflicting laws.
In 1996, California voters created an exception to their state marijuana possession law for residents with certain medical requirements. While the federal government still considered possession by these individuals illegal, California was not required to keep possession illegal under state law.
No, the process for making laws can vary between states. For example, Louisiana's civil law is largely based on French and Spanish law, while most other states' laws are based on English common law.
