Anaya Nolan
There are a variety of ways to review state law. State legislation is similar in form and process to federal legislation, with statutes passed by the legislature in each of the fifty states. The current codification of the laws of each state can be found on each state legislature's website. There are also a number of online sources for researching U.S. law free of cost, such as GovInfo, which provides public access to official publications from all three branches of the Federal Government, and LII, which provides open access to legal materials. Westlaw and Lexis are also online legal research tools that offer U.S. state and federal materials. For those with access to paid databases, State Net is a legislative tracking software that provides information on legislative and regulatory tracking and intelligence for the 50 states and Congress.
| Characteristics | Values |
|---|---|
| Official websites | End with .gov |
| Secure websites | Use HTTPS |
| Search laws by | Name, subject, keywords, congressional session, or type of legislation |
| Congress | Lawmaking branch of the federal government |
| Privacy Act | Gives the right to see and correct information kept by the federal government |
| GPO govinfo | Provides full text of public and private laws from 1995 onwards |
| Congress.gov | Provides full text of laws from 1993 onwards |
| Senate and House Document Rooms | May provide a copy of a slip law |
| United States Statutes at Large | Annual volumes of public laws published at the end of each session of Congress |
| U.S.C.C.A.N. | A commercial publication with timely access to the text of laws as passed by Congress |
| Federal Depository Library Program (FDLP) | Provides public access to government documents in over 1,100 libraries |
| Local law libraries | Provide access to free citators |
| Court Listener | Offers a free citatory tool |
| National Archives | Contains presidential compilations |
| Regulatory and legislative tracking software | State Net by LexisNexis |
| State legislation | Available on each state legislature's website |
| Online legal research tools | Westlaw, Lexis, Legal Information Institute |
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What You'll Learn
Using free online resources
There are a variety of free online resources that can be used to review state law. Firstly, the Library of Congress' American Memory collection includes Congressional Records up to 1875, which can be searched or browsed. The Supreme Court website also provides the full text of certain materials, including opinions, and resources for finding briefs. Similarly, the American Bar Association provides the full text of briefs from many U.S. Supreme Court cases, including those that have not yet been heard. Oyez.com is another useful website, offering audio recordings of selected oral arguments.
In addition to the above, federal case law and court documents are often freely available online, especially for recently decided cases. The deciding court's website is a good place to check for digital copies of cases. The RECAP archive, for example, contains free access to federal district and bankruptcy court documents from PACER, although not all documents are available. Court Listener also offers a free citatory tool.
For those interested in legislative history, the Library of Congress provides access to the full text of public and private laws from the 104th Congress (1995-1996) onwards, as well as summaries from the 93rd Congress onwards. Congress.gov also provides the full text of laws from the 103rd Congress (1993-1994) onwards. Annual volumes of public laws, called the United States Statutes at Large, are published by the Government Publishing Office. These can often be found in large public libraries or federal depository libraries. Over 1,100 libraries participate in the Federal Depository Library Program (FDLP), providing public access to government documents.
State Net is another useful resource, providing legislative and regulatory tracking and intelligence services for all 50 states and Congress. This service allows users to monitor and manage pending legislative and regulatory activity, assess the impact on their organisation, and prepare for upcoming changes.
Finally, for those seeking more general information about the law, Nolo.com provides articles written and reviewed by editors with over 100 years of collective legal experience. The website offers guidance on how to find and interpret federal and state statutes, local municipal codes, and court cases, as well as explanations of legal jargon.
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Understanding the lawmaking process
Understanding the law-making process is essential to comprehending the work of Congress and the legislative system in the United States. Here is a detailed overview of the law-making process, which can help you review state laws and their evolution.
The Legislative Process
The legislative process is the foundation of the American democratic system. It ensures that all sides are heard and allows ample opportunity for different views to be expressed and considered. This process involves multiple steps, from the conception of a legislative proposal to its publication as a statute.
Bills and Proposals
A bill is a proposal for a new law or a change to an existing law. It can originate from a sitting member of the Senate or House of Representatives or be proposed during their election campaign. Additionally, citizens can actively participate in the legislative process by petitioning bills or recommending new or amended laws to their Congressional representatives.
Committee Review and Amendments
Once a bill is introduced, it is assigned to a committee. The committee members research, discuss, and make changes to the bill. This stage involves a general debate, where time is equally allocated for both sides to present their arguments. After the initial debate, the second reading of the bill begins, where it is scrutinized section by section. Amendments may be offered during this detailed examination of the bill.
Voting and Budget Reconciliation
Following the committee stage, the bill is put before the respective chamber (Senate or House) for a vote. The House typically processes legislation through a majority vote, while the Senate engages in deliberation and debate before voting. After a bill is passed by both chambers, Congress may adopt a budget resolution to reconcile the law with spending and revenue constraints. This process involves instructing committees to recommend changes to achieve the budgetary goals set out in the concurrent resolution.
Publication and Access
Once a bill becomes a law, it is published in annual volumes called the "United States Statutes at Large." These publications are available through the Government Publishing Office and commercial sources. Additionally, online resources such as Congress.gov provide access to the full text of laws, summaries, and links to public law sources.
By understanding the legislative process and utilizing available resources, you can effectively review state laws and stay informed about the law-making process in the United States.
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State court decisions and appeals
State court decisions are published in various formats, including official state reporters, unofficial reporters, and regional reporters. Official state reporters are published by some states and contain the state's Supreme Court and Court of Appeals decisions. For example, Virginia publishes its Supreme Court decisions in the "Virginia Reports" and its Court of Appeals decisions in the "Virginia Court of Appeals Reports". On the other hand, Iowa does not have an official state reporter and instead designates West's National Reporter System as the official reporter for Iowa court decisions, which are compiled in the "North Western Reporter". West's National Reporter System compiles state appellate court decisions from specific regions into one "regional" reporter. For instance, the Southern Reporter covers Alabama, Florida, Louisiana, and Mississippi.
To access state court decisions, individuals can refer to resources such as the Library of Congress's "Legal Research: A Guide to Case Law", which provides information on locating judicial decisions from U.S. courts. Additionally, online databases like Lexis and Westlaw offer access to state laws shortly after their passage by state legislatures. These databases also provide unique titles, books, and reports on specific topics across multiple jurisdictions.
When it comes to appeals, the U.S. Supreme Court has appellate jurisdiction over certain state court decisions. According to Section 25 of the Judiciary Act of 1789 and the current statute 28 U.S.C. § 1257, the Supreme Court is authorised to review "final judgments or decrees" rendered by the highest court of a state in cases involving the interpretation of the Constitution, federal laws, or treaties. This authority was affirmed in Chief Justice John Marshall's majority opinion, which interpreted the Constitution as granting the Supreme Court broad appellate powers.
It is important to note that when state courts interpret federal law, they are bound by applicable federal court precedents and their decisions are subject to review by the Supreme Court. This ensures consistency and adherence to federal law across state court rulings.
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Federal vs state legislation
Federal laws apply to everyone in the United States, whereas state and local laws apply to people who live or work in a particular state, commonwealth, territory, county, city, municipality, town, township, or village. Each of the 50 states in the US has its own system of laws and courts, which deal with matters such as family law, divorce, child custody, and guardianships.
Federal laws are made by Congress, the lawmaking branch of the federal government. The process of lawmaking differs between the House of Representatives and the Senate. The US Constitution creates a federal system of government, in which power is shared between the federal government and the state governments. Both the federal government and each of the state governments have their own court systems.
Federal laws control topics such as immigration, bankruptcy, the postal service, intellectual property, and the military. Some topics are governed by both state and federal law, such as when federal funds are offered to a state. When there is a conflict between federal and state laws, the Supremacy Clause of the US Constitution states that federal laws have superiority.
To review state law, you can refer to online sources such as GovInfo, which provides access to official publications from all three branches of the federal government, or LII, which provides open access to legal materials. LawHelp.org also provides information on free and low-cost legal aid providers in your area. You can also refer to local law libraries, which provide access to public law libraries and free citatory tools. To find a state or local law library, you can refer to resources provided by Harvard Library. Additionally, you can refer to the websites of government departments, agencies, and branches of government to find statutory and legislative materials.
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Finding state-specific laws
Understanding the Legislative Process
It is important to understand how laws are made and published. When a bill is introduced in the U.S. Congress or a state legislature, it is called a "bill". If the bill is passed by both houses and signed by the President or a state governor, it becomes a law. The law is then published according to its bill number in "Session Laws" or "Statutes at Large". Understanding this process can help you navigate and locate state-specific laws more effectively.
Browsing Statutes
Instead of searching for specific terms, browsing the table of contents of statutes can be a more productive approach. Start by looking at the general subjects or titles, then move on to particular topics (chapters or articles), and finally, locate the precise statutes you need (sections). This way, you can get a comprehensive understanding of the statutes related to your subject matter and the specific terms used.
Online Resources
Several online resources provide access to state-specific laws and legal materials:
- FindLaw: Offers a searchable database of U.S. Supreme Court opinions since 1893 and case summaries for lower court opinions since 2000.
- Justia.com: Features an extensive database of federal and state cases, including those from individual state legislatures or governing bodies.
- Cornell LII: Provides access to constitutions, statutes, and legislative information organised by state.
- National Center for State Courts: Offers a list of state court websites, which often contain state case law and legal materials.
- Google Scholar: Allows you to access U.S. Court of Appeals decisions, U.S. District Court decisions, and state court cases, including those from the state's highest court.
- GovInfo: Provides public access to official publications from the Federal Government, including state and federal amicus briefs.
- Sunlight Foundation: Offers access to state legislative information, including pending legislation and votes.
Law Libraries
Law libraries, including local and state public law libraries, are valuable resources for legal research. Many cities, counties, and law schools have law libraries that are open to the public. Librarians can assist you in locating relevant books, known as "reporters," and commercial legal databases. Additionally, over 1,100 libraries participate in the Federal Depository Library Program (FDLP), providing public access to government documents, including public laws and statutes.
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Frequently asked questions
There are a number of free online sources for US state laws, including:
- GovInfo
- LII
- The White House website
- State and local public law libraries
- The websites of the fifty state legislatures
State laws are passed by the legislature in each of the fifty states. The current codification of the laws of each state can generally be found on each state legislature's website. You can also use regulatory and legislative tracking software, such as State Net, to monitor and manage pending legislative and regulatory activity.
You can look up bills and laws by name, subject, keywords, congressional session, or type of legislation. You can also consult the Bluebook: A Uniform Book of Legal Citation to find the names of the session laws, codes and annotated codes for each state.
