Law of the United States
Content
The law of the United States comprises many levels[1] of codified and uncodified forms
of law, of which the most important is the United States Constitution, the foundation of
the federal government of the United States. The Constitution sets out the boundaries of
federal law, which consists of acts of Congress,[2] treaties ratified by the Senate,[3] regulations
promulgated by the executive branch,[4] and case law originating from the federal judiciary.
[5]
The United States Code is the official compilation and codification of general and
permanent federal statutory law.
Federal law and treaties, so long as they are in accordance with the Constitution, as well as
the Constitution itself, preempt conflicting state and territorial laws in the 50 U.S. states and
in the territories.[6] However, the scope of federal preemption is limited because the scope of
federal power is not universal. In the dual-sovereign [7] system of American
federalism (actually tripartite[8] because of the presence of Indian reservations), states are
the plenary sovereigns, each with their ownconstitution, while the federal sovereign
possesses only the limited supreme authority enumerated in the Constitution. [9]Indeed, states
may grant their citizens broader rights than the federal Constitution as long as they do not
infringe on any federal constitutional rights.[10][11] Thus, most U.S. law (especially the actual
"living law" of contract, tort, property, criminal, and family law experienced by the majority of
citizens on a day-to-day basis) consists primarily of state law, which can and does vary
greatly from one state to the next. [12][13]
At both the federal and state levels, the law of the United States is largely derived from
the common law system of English law, which was in force at the time of the Revolutionary
War.[14][15] However, American law has diverged greatly from its English ancestor both in terms
of substance and procedure, [16] and has incorporated a number of civil law innovations.
of law, of which the most important is the United States Constitution, the foundation of
the federal government of the United States. The Constitution sets out the boundaries of
federal law, which consists of acts of Congress,[2] treaties ratified by the Senate,[3] regulations
promulgated by the executive branch,[4] and case law originating from the federal judiciary.
[5]
The United States Code is the official compilation and codification of general and
permanent federal statutory law.
Federal law and treaties, so long as they are in accordance with the Constitution, as well as
the Constitution itself, preempt conflicting state and territorial laws in the 50 U.S. states and
in the territories.[6] However, the scope of federal preemption is limited because the scope of
federal power is not universal. In the dual-sovereign [7] system of American
federalism (actually tripartite[8] because of the presence of Indian reservations), states are
the plenary sovereigns, each with their ownconstitution, while the federal sovereign
possesses only the limited supreme authority enumerated in the Constitution. [9]Indeed, states
may grant their citizens broader rights than the federal Constitution as long as they do not
infringe on any federal constitutional rights.[10][11] Thus, most U.S. law (especially the actual
"living law" of contract, tort, property, criminal, and family law experienced by the majority of
citizens on a day-to-day basis) consists primarily of state law, which can and does vary
greatly from one state to the next. [12][13]
At both the federal and state levels, the law of the United States is largely derived from
the common law system of English law, which was in force at the time of the Revolutionary
War.[14][15] However, American law has diverged greatly from its English ancestor both in terms
of substance and procedure, [16] and has incorporated a number of civil law innovations.
