Cecily Zamora
In countries with common-law systems, like the United States, a new statute that contradicts a previous common-law precedent will override the older law. A judge does not have the authority to disregard new legislation in favour of older law. However, a new law cannot override a law of higher status, for example, a US state statute cannot supersede federal law or a federal constitutional provision.
| Characteristics | Values |
|---|---|
| New law overrides older law | General rule |
| Legislation cannot override a law of higher status | US Constitution > Federal law > State law > County regulations > City ordinances |
| A new statute that contradicts a previous common-law precedent | A judge must follow the statute |
| A new US state statute cannot override | Federal law, federal constitutional provision, court ruling, or state constitutional provision |
| US Supreme Court | Can strike down laws for violations of the Constitution |
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What You'll Learn
New law overrides older law
In countries with common-law systems, like the United States, a new statute that contradicts previous common-law precedent will override the older law. This is because the point of passing a new law is to change the current law of the land, whether it is based on statutes or court rulings. However, there are exceptions to this. A new US state statute cannot override a previous federal law, a federal constitutional provision, or a court ruling interpreting such a provision, nor a state constitutional provision. In these cases, the new law would be found unconstitutional or ignored.
When a new law is passed, it may not clearly repeal or modify the old one, and in such cases, a court may attempt to apply both. However, when the new law clearly intends to override the old, it will be treated as newer than any common law. This is because common-law rules are laws and have the same status as statutes.
The US Supreme Court cannot act differently from any other US court in such matters. It can strike down laws for violating the Constitution and authoritatively interpret laws, but it cannot change their plain meaning. Its decisions are binding on other US courts but can be overruled by later laws, except when interpreting the Constitution.
When the Supreme Court overrules a prior decision, lower courts quickly decrease their reliance on the old precedent and begin to apply the new rule. However, when Congress enacts an override, citation patterns to the prior precedent change very little, and even a decade later, many overridden precedents are still routinely cited as controlling precedent.
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A law of higher status can defer to a law of lower status
In the United States, a federal law may supersede a state law, a state law may supersede a county regulation, and a county regulation may supersede a city ordinance. However, the relationship between federal, state, and local laws is not always so straightforward.
In common-law systems, such as in the United States, a new statute that contradicts a previous common-law precedent will generally override the older law. However, a new state statute cannot override a previous federal law, a federal constitutional provision, or a state constitutional provision.
In the United States, the Supremacy Clause of the Constitution provides that the Constitution, federal laws, and treaties made under the authority of the United States are the supreme law of the land, taking priority over conflicting state laws. This means that federal law generally trumps state law, but there may be exceptions or complexities when interpreting the Constitution or in specific areas, such as congressional powers and state sovereign immunity.
In the United Kingdom, the Supreme Court has the authority to overrule and unify criminal law decisions of lower courts, but this power does not extend to Scotland for criminal law cases, where the High Court of Justiciary has the final authority.
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New laws can be deemed unconstitutional
In countries with common-law systems, such as the United States, a new statute that contradicts a previous common-law precedent will take precedence. A judge does not have the authority to disregard the new statute in favour of the older precedent. However, a new law cannot override a law of higher status. For example, a US state statute cannot override federal law, nor can it supersede a federal constitutional provision or a court ruling interpreting such a provision.
In the US, the Supreme Court can strike down laws that violate the Constitution. It can authoritatively interpret laws but cannot change their plain meaning or ignore valid laws. Its decisions are binding on other US courts, but they can be overruled by later laws, except when interpreting the Constitution.
There have been numerous instances of state laws being deemed unconstitutional in the US. For example, in the case of Bank of Commerce v. New York City (1863), a New York law that included the value of US securities in the taxable capital of a bank was rendered void as it effectively taxed US securities, which are exempt from state taxation. Similarly, in Welton v. Missouri, a Missouri act that imposed a license fee on peddlers of merchandise produced outside the state but exempted those selling goods produced in Missouri was found to impose an unconstitutional burden on interstate commerce.
Congress has also had acts deemed unconstitutional by the Supreme Court. For instance, in City of Boerne v. Flores (1997), the Court found that Congress's power under Section 5 of the Fourteenth Amendment did not extend to defining the substance of the Amendment's restrictions.
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New laws can be unenforceable if they contradict a previous federal law
In the United States, a new law overrides any prior contradictory law at the same level if it is clearly intended to do so. However, a new US state statute cannot override a previous federal law, a federal constitutional provision, or a court ruling interpreting such a provision. A new state statute that contradicts any of these will be held unenforceable, at least to the extent of the contradiction. For example, in the case of Ogden v. Saunders (1827), a New York insolvency law was applied to discharge a debt, but it could not be enforced extraterritorially to discharge a claim sought by a citizen of another state in a federal court or the courts of other states.
Similarly, a new local ordinance cannot override an existing state law unless the state law allows for this. If a new state statute modifies some older common-law rules but does not directly contradict others that apply to a situation, a court may apply the previous rules that were not directly changed by the new law. If it is unclear whether the new law was intended to change an existing precedent, a court may rule to apply both the new law and the old rule.
In the US, the Constitution trumps federal law, federal law trumps state law, and state law trumps county regulations. However, there are instances where a law of "higher status" explicitly defers to a law of "lower status". For example, a federal law may state, "The rule shall be X, unless a state law provides otherwise." This makes the "higher trumps lower" rule more complex.
In the case of nullification, a state may find a federal law unconstitutional and declare it void and unenforceable within the state. However, this act of nullification may be considered unconstitutional, as seen in the case of United States v. Peters (1809), where the Supreme Court rejected Pennsylvania's attempt to nullify a federal court's decision.
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New laws can be ignored if they contradict a previous federal law
In the United States, a new state statute cannot override a previous federal law, a federal constitutional provision, or a court ruling interpreting such a provision. A new state statute that contradicts any of these will be ignored or held to be unenforceable, at least to the extent of the contradiction.
For example, a Maryland law imposing a tax on notes issued by a branch of the Bank of the United States was held unconstitutional under the principle of national supremacy (Art. VI), which immunizes the federal government from state taxation.
Similarly, a new local ordinance cannot override an existing state law unless the state law allows for this. If a new state statute modifies some older common-law rules but does not directly contradict others that apply to a situation, a court may apply the previous rules that were not directly changed by the new law.
If it is unclear whether a new law was intended to change an existing precedent, a court may rule to apply both the new law and the old rule. However, a judge does not have the authority to disregard a new statute in favour of an older precedent.
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Frequently asked questions
Newer laws override older laws at the same level, but a law cannot override a law of higher status. For example, in the US, the Constitution is the highest status law, followed by federal law, then state law, then county regulations, and finally city ordinances.
In common-law systems, like the United States, a judge does not have the authority to disregard a new statute in favor of an older precedent.
The US Supreme Court can strike down laws for violations of the Constitution, and it can interpret laws, but it is not supposed to ignore valid laws or change their plain meaning.
The new law would be found unconstitutional or ignored.
