Gavin Howe
The creation of constitutional, statutory, and administrative laws is a complex process that varies depending on the type of law and the jurisdiction. In the United States, constitutional law is established through a series of essays, such as the Federalist Papers, which promote the ratification of the United States Constitution. Statutory laws, on the other hand, are created by acts of the legislature that are signed by the executive. For federal statutory laws in the US, these acts are passed by Congress and signed by the President. Administrative laws, meanwhile, are derived from the President, agencies of the Executive Branch, and independent regulatory agencies. These agencies are created by Congress and authorized to promulgate regulations with the same force as statutory law. The process of creating administrative laws is governed by the Administrative Procedure Act, which ensures public participation and a consistent rule-making process.
| Characteristics | Values |
|---|---|
| Creation of constitutional law | Established by an act of the legislature that is signed by the executive |
| Creation of statutory law | Established by an act of the legislature that is signed by the executive. For federal statutory law, the acts are passed by Congress and signed by the President of the United States. For state law, the acts are passed by the state legislature and signed by the state governor. |
| Creation of administrative law | Agencies are created through their own organic statutes, which establish new laws, and in doing so, create the respective agencies to interpret, administer, and enforce those new laws. |
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What You'll Learn
- Constitutional laws: Ratification of the US Constitution by influential figures
- Statutory laws: Acts of legislature signed by the executive
- Administrative laws: Congress-created agencies with legislative authority
- Administrative laws: Agencies act quasi-legislatively and judicially
- Statutory laws: Federal vs state laws
Constitutional laws: Ratification of the US Constitution by influential figures
The US Constitution was ratified in 1787, after four months of fiery and intense debate in Philadelphia. General George Washington was unanimously elected as president of the convention, and his presence provided a sense of focus and direction. Washington, along with Alexander Hamilton, James Madison, and John Jay, were influential in rallying support for the Constitution. Together, they wrote the Federalist Papers, a collection of 85 essays explaining the significance of the Constitution and persuading states to ratify it.
Madison, known as the "father of the Constitution", was a driving force behind the convention. He came well-prepared for all arguments against the creation of a new government and contributed to the Constitution by writing the first 10 amendments. Hamilton and Madison's efforts were crucial in securing the ratification of the Constitution by Virginia and New York, despite opposition from influential men in the convention and state politicians fearful of losing power.
Another key player was William Paterson, who proposed the "New Jersey Plan" to safeguard the rights of small states. He called for each state to have equal representation in Congress, which was included in the "Connecticut Compromise". James Wilson also contributed to the debate by proposing a single executive with absolute veto power, rather than a committee.
The process of ratifying the US Constitution involved two steps. Firstly, proposals for amendments must be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures. Secondly, the proposed amendment must be ratified by three-fourths of the states, either through the consent of state legislatures or state ratifying conventions. This process ensures that any changes to the Constitution are carefully considered and approved by a significant majority.
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Statutory laws: Acts of legislature signed by the executive
Statutory laws are written laws enacted by a legislative body. In the United States, federal statutory laws are acts passed by Congress and signed by the President, becoming Public Laws. These laws relate to the general public, while Private Laws concern specific institutions or individuals. Once a bill is passed by Congress and signed by the President, it receives a Public Law number based on the Congress and when it was issued. For example, P.L. 101-5 would be the fifth law enacted in the 101st Congress.
Public laws are first published as slip laws, which are individual newly enacted laws. Each slip law contains a single statute. These are then printed by public law number in the United States Code Congressional and Administrative News. They are also published in advance sheets and bound into volumes at the conclusion of each session of Congress.
State laws are passed by the state legislature and signed by the state governor. In rare circumstances, the President or governor may refuse to sign a bill, or veto it. In this case, the legislature can override the veto with a two-thirds majority of votes.
Each state has its own state statutes, found in state codes. For example, in Washington State, this is called the Revised Code of Washington. This is a compilation of all permanent laws currently in force. It is a collection of Session Laws enacted by the Legislature and signed by the Governor, arranged by topic, with amendments added and repealed laws removed. Cities and counties have their own codes, passed by city or county councils.
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Administrative laws: Congress-created agencies with legislative authority
Administrative law encompasses the laws and legal principles that govern the administration and regulation of federal and state government agencies. Agencies are created through their own organic statutes, which establish new laws and, in turn, create the respective agencies to interpret, administer, and enforce those laws. Congress delegates power to these agencies to carry out certain prerogatives on its behalf.
Agencies are given the authority to create administrative law through laws enacted by Congress. The law comes in the form of rules, regulations, procedures, orders, and decisions. In creating these "laws", the agency acts as a quasi-judicial, quasi-legislative entity. The administrative agencies act in a legislative-like capacity when promulgating rules and regulations. The agencies act in a judicial-like capacity when conducting hearings and issuing rulings and decisions on particular matters.
The process of administrative agency rule-making, from the initial notice of agency interest to the promulgation of a final rule, is documented in the Federal Register publication system. The two main components of this system are the Federal Register and the Code of Federal Regulations. The APA (Administrative Procedure Act) is a remedial statute designed to ensure uniformity and openness in the procedures used by federal agencies. The Act is a comprehensive regulatory scheme governing regulations, adjudications, and rule-making in general terms. The APA is the major source for federal administrative agency law, while state agencies' administration and regulation are governed by comparable state acts.
Some notable agencies include executive agencies such as the Department of Justice and the Department of Defense. Other examples include some independent agencies such as the Federal Trade Commission, Securities and Exchange Commission, and the Environmental Protection Agency, all of which are independent of the direct control of the President. These agencies have enormous power to enact various rules defining and interpreting relevant statutes, enforce those rules, and adjudicate matters according to those regulations. However, despite the agencies' enormous powers, government agencies must still act within Constitutional and statutory parameters.
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Administrative laws: Agencies act quasi-legislatively and judicially
Administrative law encompasses the laws and legal principles that govern the administration and regulation of government agencies, both federal and state. Agencies are delegated power by Congress (or in the case of a state agency, the state legislature) to carry out certain prerogatives from Congress. Agencies are created through their own organic statutes, which establish new laws, and in doing so, create the respective agencies to interpret, administer, and enforce those laws. Generally, administrative agencies are created to protect the public interest rather than to vindicate private rights.
Agencies are given the authority to create administrative law through laws enacted by Congress. The law comes in the form of rules, regulations, procedures, orders, and decisions. In creating these "laws", the agency acts as a quasi-judicial, quasi-legislative entity. The administrative agencies act in a legislative-like capacity when promulgating rules and regulations. The agencies act quasi-judicially when conducting hearings and issuing rulings and decisions on particular matters.
The process of administrative agency rule-making, from the initial notice of agency interest to the promulgation of a final rule, is documented in the Federal Register publication system. The two main components of this system are the Federal Register and the Code of Federal Regulations. The Federal Register is a daily publication that contains proposed rules and notices of interest from agencies, as well as executive orders and other presidential documents. The Code of Federal Regulations is a codification of the general and permanent rules and regulations published in the Federal Register by federal departments and agencies.
The APA (Administrative Procedure Act) is a remedial statute designed to ensure uniformity and openness in the procedures used by federal agencies. The Act is a comprehensive regulatory scheme governing regulations, adjudications, and rule-making in general terms. The APA is the major source for federal administrative agency law, while state agencies' administration and regulation are governed by comparable state acts. For example, under the federal APA and judicial interpretations of the APA, agencies purporting to engage in the rule-making function must give notice of proposed rule-making before adopting the final rule. The final rule must follow a logical outgrowth of the proposed rule and must display the agencies' consideration of all comments received and reviewed.
In their adjudicatory functions, agencies often have their own judicial body, known as the Administrative Law Judge, who is part of their respective agency but must be independent from the agency officials involved in certain actions. Rules enacted by an administrative agency pursuant to statutory delegation and with notice-and-comment procedure or formal rule-making procedure, called substantive or legislative rules, must be judicially enforced as if laws enacted by Congress itself. Rules not enacted pursuant to an explicit statutory delegation of law-making power, called interpretive rules, are issued merely to provide guidance to parties whose conduct may be governed by the underlying statute, and to courts which must construe it.
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Statutory laws: Federal vs state laws
In the United States, statutory laws are established by an act of the legislature that is signed by the executive. Federal statutory laws are passed by Congress and signed by the President, while state laws are passed by the state legislature and signed by the state governor.
Federal statutory laws are found in the United States Code, while each state has its own state statutes, found in state codes. For example, Washington State has the Revised Code of Washington, while King County has the King County Code, and Seattle has the Seattle Municipal Code.
Federal laws and treaties made pursuant to the Constitution preempt conflicting state and territorial laws in the 50 states and territories. However, the scope of federal preemption is limited, and the scope of federal power is not universal. In some areas, like aviation and railroads, the federal government has developed a comprehensive scheme that overrides almost all state laws. In other areas, like family law, a small number of federal statutes interact with a larger body of state law. In areas like antitrust, trademark, and employment law, there are powerful laws at both federal and state levels that coexist.
Congress cannot enforce and administer every law it enacts, so it delegates power to federal agencies to administer, enforce, and regulate various federal laws. These agencies include executive agencies, such as the Department of Justice and the Department of Defense, and independent agencies, such as the Federal Trade Commission and the Securities and Exchange Commission. These agencies can enact rules and regulations to define and interpret relevant statutes and enforce those rules. However, they must still act within Constitutional and statutory parameters, as outlined in the Administrative Procedure Act (APA).
State agencies are also delegated power by the state legislature to carry out certain prerogatives, and they are governed by comparable state acts to the federal APA.
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Frequently asked questions
In the United States, constitutional law is created through a series of essays promoting the ratification of the United States Constitution, known as Federalist Papers. These were written over 200 years ago by Alexander Hamilton, James Madison, and John Jay.
Statutory law is created when an act of the legislature is signed by the executive. In the case of federal statutory law, the acts are passed by Congress and signed by the President. State law acts are passed by the state legislature and signed by the state governor.
Administrative law is created by Congress through "enabling legislation". Federal agencies have the authority to create administrative law, which comes in the form of rules, regulations, procedures, orders, and decisions.
Constitutional law refers to the foundational laws of a country, such as the Bill of Rights in the US, which outlines key principles like freedom of speech and religion. Statutory law refers to laws passed by a legislature and signed by an executive. Administrative law, on the other hand, is created by federal agencies and deals with the exercise of government authority by the executive branch and its agencies.
