Kara Sears
Laws are a set of rules that are created and enforced by social or governmental institutions to regulate behaviour. In the United States, laws are made by Congress, the legislative branch of the federal government. A bill is a proposal for a new law or a change to an existing law. Bills can be proposed by a sitting member of the U.S. Senate or House of Representatives, during their election campaign, or by citizens who petition their representative. Once a bill is introduced, it is assigned to a committee, then put before the chamber to be voted on. If the bill passes one body of Congress, it goes to the other body, and if it passes there, it goes to the President. If the President vetoes the bill, Congress can vote to override the veto, and the bill becomes a law. Laws can also be created by the executive branch through decrees and regulations, or by judges' decisions, which form precedents in common law jurisdictions.
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The legislative branch
A bill, which is a proposal for a new law or a change to an existing law, can be introduced by a sitting member of the Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend new or amended laws to their Congressional representative. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes to it. The bill then goes before the chamber to be voted on. If it passes one body of Congress, it goes through the same process in the other body. Once both bodies have voted to accept a bill, they must reconcile any differences between the two versions.
At the federal level, US law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and common law (including case law). The Constitution sets out the boundaries of federal law, which includes Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.
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The executive branch
Article II of the U.S. Constitution establishes the Executive Branch of the federal government. The Executive Vesting Clause, in Section 1, Clause 1, provides that the federal executive power is vested in the President. The President is the Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States. They may require the written opinion of the principal Officer in each of the executive departments, and they have the power to grant reprieves and pardons for offences against the United States (except in cases of impeachment).
The President has the power to make treaties, appoint ambassadors, public ministers, and consuls, and nominate judges of the Supreme Court, with the advice and consent of the Senate. They can also make temporary appointments during Senate recess. The President must give Congress information on the state of the union, recommend legislative measures, and ensure that the laws are faithfully executed. They can also convene or adjourn Congress in extraordinary circumstances.
The President considers bills passed by Congress and can approve and sign them into law or veto them. If the President vetoes a bill, Congress can override the veto and pass the bill into law. However, if the President does not sign off on a bill and Congress is no longer in session, the bill is pocket-vetoed by default, and Congress cannot override this.
In addition to the President, the Executive Branch includes officials appointed by the President, even those located within the Executive Branch, who may exercise regulatory or adjudicative powers that are quasi-legislative or quasi-judicial. These Executive Officers have the authority to enforce and administer the laws, including rulemaking, administrative determinations, and the filing of lawsuits.
Many statutes give executive branch agencies the power to create regulations, which are published in the Federal Register and codified into the Code of Federal Regulations. These regulations carry legal force and can be the basis for lawsuits and judicial interpretations.
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The judiciary
Courts are responsible for interpreting the Constitution and the laws passed by Congress. The Federalist Papers, a series of essays published by Alexander Hamilton, James Madison, and John Jay, emphasised the need for an independent judiciary. According to The Federalist #78, the federal courts "were designed to be an intermediate body between the people and their legislature," ensuring that representatives act within the authority granted by the Constitution.
In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (including case law). The common law system has its roots in English law, which was in force in British America during the American Revolutionary War. However, American law has since evolved and incorporated civil law innovations.
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Common law
The common law system as we know it today originated in England during the Middle Ages, and was spread throughout the British Isles, and later to colonies of the British Empire. Many former colonies, including the United States, Canada, India, and Australia, continue to rely heavily on common law when resolving legal disputes.
In a common law jurisdiction, several stages of research and analysis are required to determine "what the law is" in a given situation. First, one must ascertain the facts, then locate any relevant statutes and cases, and extract the principles, analogies, and statements by various courts. More recent decisions, and those of higher courts, carry more weight than earlier cases and those of lower courts. Finally, one integrates all the lines drawn and reasons given and determines "what the law is", before applying that law to the facts.
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International law
There is also a distinction between public and private international law. The former covers rules with an international origin, governing relations between nations, while the latter deals with conflicts between private actors where more than one nation's laws may apply.
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Frequently asked questions
The United States Constitution, which came into operation in 1789, is the country's founding document and the highest legal authority. It sets the fundamental structure and limitations of the government. The Constitution gave lawmaking powers to the Congress, which has three branches: the legislative, executive, and judiciary. The legislative branch (Congress) creates statutory law, the executive branch (the President and federal agencies) creates regulations, and the judicial branch (federal courts) interprets the law and creates case law.
A bill is a proposal for a new law or a change to an existing law. It can be proposed by a sitting member of the US Senate or House of Representatives, during their election campaign, or by citizens who petition their representative. Once introduced, a bill is assigned to a committee that researches, discusses, and makes changes. It then goes before the chamber to be voted on. If it passes one body of Congress, it goes to the other body to go through a similar process. Once both bodies accept a bill, they must work out any differences between the two versions. The President must then sign off on the bill, otherwise, it will be vetoed.
US law consists primarily of state law, which varies from state to state. Federal law can supplement state law, and in some cases preempts it, but only where there is an express grant of power to the federal government in the Constitution. Federal law traditionally focused on areas like the military, money, foreign relations, and intellectual property.
International law operates through consent since there is no universally accepted authority to enforce it upon sovereign states. States and non-state actors may choose not to abide by international law, but this can lead to disapproval or coercive action from other states.
