Cecily Zamora
The relationship between common law and the Constitution is a complex one. Common law, or case law, is primarily developed through judicial decisions and precedent, whereas the Constitution is the fundamental law of a nation, codifying the core values of its people. In the United States, the Constitution is considered the supreme law, binding on everyone, and courts are tasked with interpreting its meaning. While the Constitution does not explicitly mention common law, it is generally understood that common law must conform to the Constitution, as the latter constrains all uses of judicial power. Congressional action is only valid if it aligns with an enumerated constitutional power, and Congress cannot invade the judicial realm through legislation. The Constitution thus acts as a check on Congressional power, ensuring that the will of the people, as expressed in the Constitution, takes precedence over statutes.
| Characteristics | Values |
|---|---|
| Common law | Primarily developed through judicial decisions rather than statutes |
| May incorporate certain statutes | |
| Largely based on precedent | |
| Federal common law rules can be created by federal courts without express statutory authority in some situations | |
| Congress is free to legislatively overrule federal courts' common law except on Constitutional issues | |
| Decisions of lower courts are only non-binding persuasive authority | |
| Interactions between common law, constitutional law, statutory law, and regulatory law are complex | |
| The Constitution is the supreme law and binding on everyone | |
| The Constitution has a broader application to the common law | |
| The Constitution constrains all uses of judicial power | |
| The Constitution is the nation's fundamental law | |
| Courts have the responsibility to interpret the Constitution's meaning | |
| The will of the people is superior to the will of the legislature | |
| The Bill of Rights was passed to protect fundamental concepts such as freedom of religion, speech, equal treatment, and due process of law |
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What You'll Learn
Common law and the US Constitution
Common law, also known as judicial precedent, judge-made law, or case law, is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The U.S. Constitution, on the other hand, is the nation's fundamental law, codifying the core values of the people.
The relationship between common law and the U.S. Constitution is a complex one. While the Constitution does not explicitly mention common law, it is generally accepted that the common law must conform to the Constitution. This is because the Constitution is considered the supreme law, binding on everyone, and it constrains 'state action' and all uses of judicial power. However, this relationship is not without its complexities and debates.
Some scholars argue that the Constitution's broad application to the common law implies that the power to develop the common law yields to constitutional imperatives. In contrast, others point to cases like Lange v Australian Broadcasting Commission, where the High Court's interpretation of the common law's relationship with the Constitution deviated from this view.
Additionally, the interactions between common law, constitutional law, statutory law, and regulatory law can create a complex legal landscape. For example, while Congress can legislatively overrule federal courts' common law, it must do so based on enumerated constitutional powers without invading the executive or judicial powers.
In conclusion, while common law and the U.S. Constitution coexist within the American legal system, the Constitution takes precedence as the supreme law of the land. The common law must conform to the Constitution's constraints on 'state action' and judicial power, and Congress can also shape the role of precedent and common law through its legislative powers.
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Congressional action and constitutional power
- Make laws necessary for executing the powers vested in the government by the Constitution
- Lay and collect taxes, duties, imposts, and excises for the common defence and general welfare of the US
- Provide for the punishment of counterfeiting US securities and current coin
- Promote the progress of science and useful arts by securing exclusive rights for authors and inventors
- Define and punish piracies, felonies committed on the high seas, and offences against the law of nations
- Declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water
- Raise and support armies (with appropriations not exceeding two years)
- Provide for organising, arming, and disciplining the Militia
- Establish tribunals inferior to the Supreme Court
- Regulate commerce with foreign nations, among the states, and with Indian tribes
- Establish uniform rules of naturalisation and uniform laws on bankruptcy
Congress is also empowered to enact laws deemed "necessary and proper" for executing the powers of the government under the Constitution. This includes establishing an annual budget, levying taxes and tariffs, authorising borrowing, and mandating spending on specific projects or government agencies. Both chambers of Congress possess extensive investigative powers and can compel the production of evidence or testimony.
Congressional action, however, is constrained by the Constitution. It must rest on an enumerated constitutional power, and Congress cannot invade the executive or judicial powers through legislation. The Constitution also outlines specific limitations, such as prohibiting the suspension of the writ of habeas corpus except in cases of rebellion or invasion, banning bills of attainder and ex post facto laws, and restricting direct taxation without proportional representation.
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Common law and federal courts
Common law, also known as judicial precedent, judge-made law, or case law, is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. Common law is not mentioned in the US Constitution, and Congress can legislatively overrule federal courts' common law, except on Constitutional issues and some procedural issues.
Federal courts are an intermediate body between the people and their legislature, ensuring that the people's representatives act only within their authority. The US Constitution is the nation's fundamental law, codifying the core values of the people. Courts, including federal courts, have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
The High Court has stated that common law must conform to the Constitution, although the reason for this is not explicitly mentioned in the Constitution. Scholars have suggested that this is because the Constitution is the supreme law, binding on everyone, and it constrains 'state action'. Additionally, it has been proposed that the Constitution has a broader application to common law, constraining all uses of judicial power, and that the power to develop common law yields to constitutional imperatives.
The interactions between common law, constitutional law, statutory law, and regulatory law can be complex. For example, in most jurisdictions, decisions by appellate courts are binding on lower courts in the same jurisdiction and on future decisions of the same appellate court, but decisions of lower courts are only non-binding persuasive authority. Federal common law rules can be created by federal courts without express statutory authority in situations where a federal rule of decision is necessary to protect uniquely federal interests, such as foreign affairs or financial instruments issued by the federal government.
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Common law and constitutional law
Common law, also known as judicial precedent, judge-made law, or case law, is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. Common law interacts with constitutional law, statutory law, and regulatory law, resulting in a complex legal system.
Constitutional law, on the other hand, is the fundamental law of a nation, such as the United States Constitution, which codifies the core values of its people. The U.S. Constitution establishes an independent judiciary, with federal courts serving as an "intermediate body between the people and their legislature" to ensure that representatives act within their authority. Courts are responsible for interpreting the Constitution and any laws passed by Congress, and they are guided by the principle that the will of the people, as expressed in the Constitution, takes precedence over legislative statutes.
The relationship between common law and constitutional law is an area of legal complexity. While the U.S. Constitution does not explicitly mention common law, the High Court has asserted that common law must conform to the Constitution. Scholars have offered various explanations for this requirement, including the notion that the Constitution is the supreme law, binding on everyone, and that it constrains 'state action' and all uses of judicial power. Oliver Wendell Holmes Jr. cautioned that general principles in common and constitutional law arise gradually from a multitude of prior decisions.
In practice, the interplay between common law and constitutional law can be observed in the judicial system. For example, decisions by appellate courts are typically binding on lower courts within the same jurisdiction, while lower court decisions are considered non-binding persuasive authority. Additionally, Congress can legislatively overrule federal courts' common law, except on Constitutional issues, by enacting statutes that change the role of precedent or eliminate other aspects of common law in the federal system.
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The Constitution and state action
The State Action Doctrine is a critical component of the US Constitution, outlining the scope of constitutional rights and their applicability. This doctrine establishes that the Constitution's provisions and amendments apply to the government and those acting on its behalf, but not to private individuals or entities. The Fourteenth Amendment, for instance, restricts state governments from "abridging the privileges or immunities of citizens of the United States" and guarantees equal protection under the law.
The State Action Doctrine provides guidelines for determining who can be a defendant in cases alleging constitutional rights violations. While it primarily applies to government actors, there are instances where private individuals or businesses can become state actors, such as when they perform functions typically reserved for the government. The Supreme Court has recognised the right to sue federal government actors for constitutional violations, as in Bivens v. Six Unknown Fed. Narcotics Agents, where the Fourth Amendment's prohibition on unreasonable searches and seizures was at issue.
The State Action Doctrine has been pivotal in addressing racial segregation in school systems. The Brown v. Board of Education case in 1954 found that statutorily mandated racial segregation in schools was unconstitutional, and the doctrine ensured that remedies were sought to establish a unitary system. The doctrine's scope extends beyond racial discrimination to other constitutional rights, including voting rights outlined in the Fifteenth, Nineteenth, and Twenty-Sixth Amendments.
While the State Action Doctrine offers a framework for addressing constitutional violations, it also presents complexities. The Supreme Court has acknowledged the difficulty of formulating precise criteria to identify when a private person becomes a state actor, as stated in Kotch v. Board of River Port Pilot Comm'rs. This challenge underscores the evolving nature of constitutional interpretation and the interplay between common law and constitutional law.
In conclusion, the State Action Doctrine is a fundamental aspect of the US Constitution, ensuring that constitutional rights are upheld and that violations can be addressed through legal recourse. It defines the role of the government and private actors in relation to constitutional protections, providing a mechanism for accountability while also presenting certain complexities in its application.
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Frequently asked questions
No, the constitution is the supreme law and is binding on everyone. Common law must conform to the constitution.
Common law is the body of law primarily developed through judicial decisions rather than statutes. It is also known as judicial precedent, judge-made law, or case law.
Yes, common law can be changed by Congress through the enactment of a statute. Common law is largely based on precedent and can be overruled by newer cases.
The U.S. Constitution is the nation's fundamental law and codifies the core values of the people. It is the responsibility of the courts to interpret the Constitution and the laws passed by Congress.
