Laws Expire: When Does A Law Become Outdated?

Laws are enacted by the legislative branch of government, which in the US is Congress, and are enforced by the judicial branch. In the US, Congress consists of the Senate and the House of Representatives. In the UK, laws are made by judges rather than by parliament. Laws can become outdated when they are no longer observed, and when they are no longer relevant to the needs of the people. For example, some common-law offences in the UK have fallen into disuse and are now regarded as obsolete. In the US, laws can be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress.

The effective date of a law may not be the same as the signing date

The effective date of a law is the date on which it takes effect and becomes enforceable. This date is not always the same as the signing date or the execution date, which is the date on which the parties indicate their agreement to be bound by the terms of the contract or law.

In the case of contracts, the effective date is when the parties intend for the terms of the contract to take effect and become legally binding. This date is usually specified within the contract terms and can be set for a future date. For example, a contract may be signed on June 1st but have an effective date of July 1st, meaning that the contract will only become legally binding on that future date.

Similarly, in the legislative process, a bill's effective date is not always obvious and may not be the same as the date it is signed into law. While some bills may specify an effective date, most states have default rules that govern the effective dates of newly signed laws. For bills that do not specify an effective date, these default rules or guidelines are used to determine the effective date.

The distinction between the effective date and the signing or execution date is important because it affects the timing and duration of the contract or law, as well as the rights and obligations of the parties involved. It also determines when the contract or law can be enforced and sets limitations on any potential claims or disputes.

Therefore, it is crucial for all parties involved to have a clear understanding of the effective date and any other relevant dates in a contract or law to avoid costly mistakes, breaches of contract, or legal disputes.

Laws can become outdated if they are no longer observed

> "Inveterata consuetudo pro lege non immerito custoditur, et hoc est ius quod dicitur moribus constitutum. nam cum ipsae leges nulla alia ex causa nos teneant, quam quod iudicio populi receptae sunt, merito et ea, quae sine ullo scripto populus probavit, tenebunt omnes: nam quid interest suffragio populus voluntatem suam declaret an rebus ipsis et factis? quare rectissime etiam illud receptum est, ut leges non solum suffragio legis latoris, sed etiam tacito consensu omnium per desuetudinem abrogentur."

This can be translated as:

> "Long-standing custom is not undeservedly observed as law, and this is law that is said to have been founded by customs. Because statutes are binding on us for no other reason than having been accepted as the judgment of the people, it is appropriate that what the people have judged fitting without any writing will bind everyone: for what interest is it that people declare their will by vote or by the things that they have been doing? Wherefore it is even more correct that the following is accepted: laws are abrogated not only by the vote of the legislature, but also by the silent consensus of all through non-use."

In other words, laws are only laws because people agree that they are and follow them. If people stop observing a law, it loses its legitimacy and is no longer a law. This is especially true in common law systems, where laws are made by judges rather than by parliament. If judges are not presented with a steady stream of new cases, the common law can become outdated, as the collective wisdom of judges past and present is not applied to modern circumstances.

Laws can be petitioned by people or citizen groups

Bills to carry out the recommendations of the President are usually introduced "by request" by the chairmen of the various committees or subcommittees that have jurisdiction over the subject matter. Sometimes, the committees themselves may submit and report to the Senate "original bills" to carry out such recommendations.

The ideas for legislative proposals may come from an individual representative or senator, from any of the executive departments of the government, from private organized groups or associations, or from any individual citizen. However, they can only be introduced in their respective houses by senators and representatives. When introduced, they are referred to the standing committees that have jurisdiction over the subject matter.

Members frequently introduce bills that are similar in purpose. In this case, the committee considering them may add to one of the bills the best features of the others for reporting to the parent body, or draft an entirely new bill (known as an original bill) and report it instead of the others.

The president can veto a bill

The legislative branch of the US government is responsible for the enactment of legislation. The process of a bill becoming a law involves several stages, and the President has the power to veto a bill, which can prevent it from becoming a law.

The President's power to veto a bill is defined in Article 1, Section 7 of the US Constitution. A "regular" veto occurs when the President returns a bill to Congress, specifically to the House in which it originated. The President must provide their objections to the bill, and this can be overridden by a two-thirds vote in both Houses of Congress.

The veto process serves two main functions. Firstly, it ensures that the President has a suitable opportunity to consider bills presented to them. Secondly, it allows Congress to have the opportunity to consider the President's objections and potentially pass the bill over the veto with the required votes.

If the President does not veto or sign a bill within 10 days (excluding Sundays), it automatically becomes a law. However, if Congress adjourns before the 10-day period elapses, the President can prevent the bill from becoming a law by not returning it to the originating House. This is known as a "pocket veto" and cannot be overridden by Congress.

The power to veto a bill is a significant tool at the President's disposal, allowing them to shape the legislative process and influence the direction of policy. It is an essential aspect of the system of checks and balances within the US government.

Congress can override a presidential veto

In the United States, the lawmaking branch of the federal government is Congress. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body, after which the two bodies must work out any differences between the two versions. Then, both chambers vote on the same version of the bill. If it passes, they present it to the president.

The president can approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can vote to override that veto, and the bill becomes a law. This is called a "regular" veto. The Constitution also specifies that if the president does not veto or sign a bill within 10 days (excluding Sundays), it becomes a law. This prevents the president from killing legislation through simple inaction.

The exception is if Congress has adjourned before the 10 days are up, thereby preventing a possible return with a veto. In that case, the legislation does not become law. This situation permits what has been called a "pocket veto". When the president does not return the legislation to Congress but simply does not act, the bill does not become law. Pocket vetoes can only occur after a session of Congress has adjourned and cannot be overridden by Congress.

Frequently asked questions