Cecily Zamora
Understanding how statutes interact with constitutional law is a key part of legal research. Statutes are laws or formal written enactments of a legislature, which can be distinguished from court law and unwritten law. In the US, federal laws are at the top of the legal hierarchy, with state laws in the middle and local laws at the bottom. Federal laws are supreme and must be followed by every state in the country, and state laws cannot contradict federal laws or the constitution. 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. When interpreting a statute, courts are bound to apply the plain language of the statute to accomplish the intent of the legislative body. If a statute is ambiguous, courts may look to legislative history to discern intent.
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What You'll Learn
The hierarchy of laws
In the United States, citizens are subject to a variety of laws made by city, county, state, and federal governments. These laws are part of a hierarchy, with federal laws at the top, local laws at the bottom, and state laws in the middle. The United States Constitution is the supreme law of the land, and no federal or state law may violate it. Federal laws, or statutes, are enacted by the United States Congress and must be followed by every state in the country. If a state law contradicts a federal law, the federal statute takes precedence and the state must abide by it.
At the federal level, statutes are passed by Congress and signed by the President of the United States. These federal statutes are found in the United States Code, which is a consolidation and codification of the general and permanent laws of the United States. Statutes are arranged by titles, chapters, and sections, with each title sometimes consisting of multiple volumes. For example, Title 42 of the United States Code deals with Public Health and Welfare and consists of over 35 printed volumes.
At the state level, statutes are passed by the state legislature and signed by the state governor. Each state has its own state statutes, which are found in state codes. For example, the Revised Code of Washington is the compilation of all permanent laws currently in force in the state of Washington. Like federal statutes, state statutes cannot violate the state constitution, the federal constitution, or federal law.
Within the court system, there are three levels: trial, appellate, and the court of last resort, which is often called the Supreme Court. The Supreme Court is the highest court in the jurisdiction and is considered a court of last resort. The lower courts may interpret and apply statutory provisions using the plain language of a statute or by applying rules of statutory interpretation if the language is ambiguous or leads to an absurd result.
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How statutes are made
Statutes are laws or formal written enactments of a legislature. They are the expressed will of a legislative body, whether that be on behalf of a country, state, province, county, or municipality. Statutes typically declare, command, or prohibit something.
In the United States, federal laws (statutes) are enacted by the United States Congress and must be followed by every state in the country. If a state law contradicts a federal law, the federal statute takes precedence. Federal statutes are periodically reorganized by subject matter and arranged into the U.S. Code.
In the autonomous communities of Spain, an autonomy statute is a legal document similar to the constitution of a federated state, but it is enacted by the national legislature rather than the autonomous community it governs.
Statutes are presumed to be constitutional, and if a statute can be interpreted in multiple ways, the court will choose the interpretation that is constitutional. The party claiming that a law is unconstitutional has the burden of proving unconstitutionality beyond a reasonable doubt. Courts are bound to apply the plain language of a statute to accomplish the intent of the legislative body. If the language is clear and unambiguous, the court will simply apply the language. However, if the language is ambiguous, the court will consider the legislative history of the statute to discern the legislature's intent.
Statutes are often broadly written to apply to a wide range of facts, and lawyers must interpret how they will apply to a given set of facts. Lawyers may look to judicial opinions that have already interpreted a statute for guidance or may need to look for other sources if the statute has not yet been interpreted by a court.
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How to interpret statutes
Interpreting statutes is a complex process that requires courts to use a variety of tools and techniques. Interpretation is the process of determining the meaning of a statute or other legal provisions. It is a fundamental legal process that ensures the law is applied uniformly and fairly.
There are two prevalent methods of statutory interpretation within the United States: purposivism and textualism. Purposivists focus on the legislative process, taking into account the problem that the legislative body was trying to solve and asking how the statute accomplished that goal. They also consider the legislative history, such as committee reports and debates, to understand the statute's meaning. Textualists, on the other hand, emphasize the primacy of text and staying within the boundaries of the statute itself to discern its meaning.
Courts generally give the plain and ordinary meaning of the statutes, unless the statute is confusing or that meaning would lead to an absurd or wrong result. In such cases, the court will apply rules of statutory interpretation to construe the statute. This may involve considering the legislative history of the statute to discern the legislature's intent. If a statute can be interpreted in two ways, one of which is constitutional and the other unconstitutional, the court will choose the constitutional interpretation.
In addition, there are statutory and non-statutory aids to interpretation. These include additional information provided within the statute itself, such as definitions, explanations, schedules, and other provisions. Courts also consider the statutory context of a case and may look at the totality of the language to gain a deeper understanding of key words and phrases.
It is important to note that interpreting statutes is not solely a matter for the courts. Executive agencies charged with implementing regulatory statutes also play a role in interpreting the law to some degree.
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How to apply statutes
Statutes are laws established by an act of the legislature that are signed by the executive. For federal statutes, the acts are passed by Congress and signed by the President of the United States. Each state has its own state statutes, enacted by the state legislature and signed by the state governor.
Federal laws (statutes) are supreme to state laws, and must be followed by every state in the country. If a state law contradicts a federal law, the federal statute takes precedence. Statutes are presumed to be constitutional, and they are to be read as a whole, in context, with the court giving effect to every word of the statute.
When applying statutes, courts are bound to apply the plain language of a statute to accomplish the intent of the legislative body. If the language is clear and unambiguous, the court will simply apply the language. However, if applying the plain language leads to an absurd result, or a result that is contrary to the intent of the legislative body, or if the language is ambiguous, then the court will apply rules of statutory interpretation.
To interpret an ambiguous statute, the court may look to the rest of the statute or surrounding statutes to determine its meaning. The court may also consider the legislative history, including reports, hearings, and legislative debates, to discern the legislature's intent.
In the case of conflicting statutory provisions, the court will generally apply the provision that took effect most recently. If both provisions took effect on the same date, the court will apply the one that was signed last. The specific provision will also control over a general statement, unless the General Assembly intended the general statute to apply.
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The history of statutes
Statutes, or laws, have been part of the English language since the 14th century. The term was derived from the Old French "statut, estatut, estatu", which meant "(royal) promulgation, (legal) statute". These terms came from the Late Latin "statutum", meaning "a law, decree".
In the context of constitutional law, statutes refer to the written enactments of a legislature. They typically declare, command, or prohibit something and are distinguished from court law and unwritten law (or common law). Statutes are also distinct from secondary legislation or regulations, which are issued by an executive body under the authority granted by a statute. An example of a statute in constitutional law is the United States Statutes at Large, which is the official source of laws and resolutions passed by Congress.
Over time, the number of statutes enacted can become overwhelming, leading to challenges in finding the applicable law. To address this, many countries organise their statutory laws into topical arrangements or codes. For example, the federal government of the United States maintains The United States Code (U.S.C.), while state codes vary in name. These codes are constantly updated to reflect changes in the law, and they serve as a convenient source for legal research. Additionally, sources such as the Harvard Library and the Cardiff Index of Legal Abbreviations offer access to historical documents and records related to constitutional and legal history, providing valuable resources for researchers and scholars in this field.
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Frequently asked questions
A statute is a law or formal written enactment of a legislature. It is a law established by an act of the legislature that is signed by the executive.
Federal laws are at the top of the hierarchy, followed by state laws, and local laws at the bottom. Federal laws are enacted by the United States Congress and must be followed by every state in the country.
The process for passing a statutory law at the federal level involves a representative sponsoring an idea for a bill. A committee then studies the bill and drafts a workable version, which is then voted on by the House of Representatives. If it passes, the bill is debated in the Senate and may pass with a simple majority. A committee then adjusts the draft to accommodate any changes, after which the bill is sent to the President to be signed into law or vetoed.
Constitutional law acts as the highest source of law in the United States legal system. Statutory laws are subject to the constraints of constitutional law and cannot violate or contradict it.
Examples of statutory laws include state laws against same-sex acts and state abortion laws.
