Cameron Miranda
Statutory law in the United States consists of laws passed by the legislature. For federal law, this means acts passed by Congress and signed by the President. For state law, acts are passed by the state legislature and signed by the state governor. The word statute was derived from the Old French statut, meaning (royal) promulgation, (legal) statute, and dates back to the 14th century. The United States Statutes at Large is the official source for laws and resolutions passed by Congress, dating back to 1790. The Revised Statutes of 1874 was an official codification of the statutes it included, and the United States Code, first published in 1926, is a consolidation and codification of general and permanent laws.
| Characteristics | Values |
|---|---|
| Definition | A statute is a law enacted by a legislature. |
| Synonyms | Statutes are also called acts, such as the Civil Rights Act of 1964 or the Sarbanes-Oxley Act. |
| Federal Statutory Law | Acts passed by the United States Congress. |
| Federal Law Approval | Requires approval from the President before they can take effect. |
| Federal Law Publication | First published as "slip laws", then as "session laws", and finally compiled into the United States Code. |
| Federal Law Sources | United States Statutes at Large is the official source for laws and resolutions passed by Congress. |
| State Law | Acts are passed by the state legislature and signed by the state governor. |
| State Law Sources | Each state has its own state statutes, found in state codes. |
| City and County Laws | Passed by city or county councils and found in their own codes. |
| Washington State Law | The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. |
| History | The word "statute" was derived from the Old French "statut, estatut, estatu", meaning "(royal) promulgation, (legal) statute", and was in use in English as early as the 14th century. |
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What You'll Learn
The United States Code
In the United States, statutory law at the federal level is made up of laws passed by the legislature. These laws are acts passed by the United States Congress and signed by the President. The federal statutes can be found in the United States Code, which is a consolidation and codification by subject matter of the general and permanent laws of the United States. The U.S. Code was first published in 1926 and is prepared by the Office of the Law Revision Counsel of the United States House of Representatives.
The U.S. Code is the official, current, subject-organized codification of federal statutes. It allows researchers to browse federal statutes by subject and determine whether a statutory provision is still in effect in its original form or if it has been amended or repealed. Before the U.S. Code, lawyers and legal researchers used the Revised Statutes of the United States, which were first published in 1874.
The Revised Statutes of 1874 was an official codification of the statutes it included. It repealed all prior federal statutes passed before December 1, 1873, that were covered by the revision. However, complaints arose about errors in the Revised Statutes, and it was criticised for not being a complete codification of all federal statutes.
In 1866, Congress authorised the president to appoint three legal experts as commissioners to revise, simplify, arrange, and consolidate all statutes of the United States that were general and permanent in nature. The commission completed its work in 1873 and reported its proposed revision to the House of Representatives' Committee on the Revision of the Laws. However, the committee decided that the commission had changed the statutes too much, and Congress authorised a joint committee to discharge the commissioners and appoint someone else to complete the revision.
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Federal vs state statutory law
Statutory law is law established by an act of the legislature that is signed by the executive. Federal statutory law in the United States is created at the national level and applies to the entire nation, including all 50 states, the District of Columbia, and US territories. The US Constitution forms the basis for federal law and establishes government power and responsibility. Federal statutory law is passed by the US Congress and signed by the President of the United States. These acts are designated as Public Laws or Private Laws. Public laws relate to the general public, while private laws relate to specific institutions or individuals.
State statutory law, on the other hand, is passed by the state legislature and signed by the state governor. Each state has its own state statutes, found in state codes. For example, Washington State has the Revised Code of Washington (RCW), which is the compilation of all permanent laws currently in force. Cities and counties have their own codes, such as the King County Code or Seattle Municipal Code, which are passed by city or county councils.
In the case of explicit conflict between state and federal laws, federal law prevails. For instance, if a particular state has legalized the possession of marijuana, but federal law explicitly prohibits it, no state resident can possess marijuana, despite it being legal in that state. However, if a state law affords a person more rights than federal law, the state law is legally presumed to prevail within that state. For example, if federal law does not recognize same-sex marriage, but a specific state allows it, the state law prevails since it is giving its residents more civil rights.
The United States Code (U.S.C.) is the official, unannotated code of the United States, published every six years with annual cumulative supplements. It is a consolidation and codification by subject matter of the general and permanent laws of the United States. It serves as a convenient way to browse federal statutes by subject and determine whether a statutory provision is still in effect, amended, or repealed. The U.S. Code was first published in 1926, and its predecessor was the Revised Statutes of the United States.
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The legislative process
Proposal and Drafting
The process often begins with a proposal for a new law or the amendment of an existing one. This proposal can come from various sources, including legislators, committees, or even members of the public. Once a proposal is made, a draft of the bill is prepared, outlining the specifics of the proposed law.
The drafted bill is then introduced in the legislature, where it undergoes debate and scrutiny. Legislators discuss the merits and potential impacts of the proposed law, often seeking input from experts and stakeholders. This stage involves a back-and-forth exchange of ideas, amendments, and revisions to the bill.
Voting and Passage
After the debate stage, the bill is put to a vote. The specific voting procedures can vary depending on the legislative body and the type of law being considered. In some cases, a simple majority is required, while in other cases, a higher threshold, such as a two-thirds majority, may be necessary. If the bill receives the required number of votes, it is considered passed.
Approval and Enactment
Once a bill is passed by the legislature, it typically requires approval from an executive authority. In a federal system, this would be the president or the state governor. The executive reviews the bill and provides final approval, which is often referred to as signing the bill into law. In rare cases, the executive may veto the bill, sending it back to the legislature for further revisions.
Codification and Publication
After a bill becomes law, it is typically codified and published. Codification involves organizing the new law within existing legal frameworks, ensuring consistency with other laws, and repealing any conflicting statutes. Publication ensures that the new law is accessible to the public and is often done through official government channels, such as a government gazette or a dedicated series of books.
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Statutory law research
Statutory law in the United States consists of laws passed by the legislature. At the federal level, these laws are passed by the United States Congress and signed by the President of the United States. These acts are designated as Public Laws or Private Laws. Public laws relate to the general public, while private laws relate to specific institutions or individuals.
The United States Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. It is prepared by the Office of the Law Revision Counsel of the United States House of Representatives. The United States Code was first published in 1926. Before that, lawyers and legal researchers used the Revised Statutes of the United States, which was first published in 1874. The Revised Statutes of 1874 was an official codification of the statutes it included.
The word "statute" is derived from the Old French words "statut, estatut, estatu", meaning "(royal) promulgation, (legal) statute", which in turn came from the Late Latin "statutum", meaning "a law, decree". The term has been in use in English since at least the 14th century.
When researching statutory law, it is important to consult secondary sources such as legal treatises and hornbooks, which provide citations for statutory law. Researchers should also refer to the official sources of statutory law, such as the United States Code and the United States Statutes at Large, which contains every law ever enacted by Congress, published in the order of the date of its passage.
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The history of the word 'statute'
The word "statute" has a long history that dates back to the 14th century in English. Derived from the Old French words "statut", "estatut", and "estatu", which mean "(royal) promulgation, (legal) statute," the term ultimately originates from the Late Latin "statutum", meaning "a law, decree." Over time, the word has been adopted into various legal systems and languages, including English, where it refers to a law enacted by the legislative branch of a government.
In the context of statutory law, which is law established by an act of a legislature, the term "statute" takes on a specific meaning. Statutory law, as the name suggests, revolves around statutes, which are formal written enactments of a legislature. These statutes typically declare, command, or prohibit something, and they are the expressed will of a legislative body, be it a country, state, province, county, or municipality.
In the United States, statutory law consists of laws passed by the federal legislature, Congress, and signed by the President. These acts are designated as Public Laws or Private Laws, with most falling into the category of public laws, which relate to the general public. Once a bill becomes law, it is published as a slip law and is then bound into the "Statutes at Large," a collection of laws organized in the order they were passed.
The United States Code is a crucial resource for understanding federal statutory law. It is a consolidation and codification of federal laws and statutes, arranged by subject matter, and published by the Office of the Law Revision Counsel of the United States House of Representatives. This code allows for easy reference and understanding of federal statutes, which would otherwise be challenging to navigate due to constant changes and updates.
The term "statute" is also used beyond domestic law. In the context of international law, a statute can refer to an international treaty that establishes an institution, such as the Statute of the European Central Bank, or a protocol for international courts, like the Statute of the International Court of Justice.
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Frequently asked questions
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something.
The word statute appears in use in English as early as the 14th century. It was derived from the Old French words "statut, estatut, estatu", meaning "(royal) promulgation, (legal) statute".
In many nations, statutory law is distinguished from and subordinate to constitutional law. Statutory law is law established by an act of the legislature that is signed by the executive.
Federal statutory laws in the US include Public Laws and Private Laws. Public laws relate to the general public, while private laws relate to specific institutions or individuals.
Each state has its own state statutes, found in state codes. For example, Washington State has the Revised Code of Washington (RCW), which is the compilation of all permanent laws currently in force.
