The Sources of U.S. Law |
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The U.S. Constitution |
It is the supreme law of the land. It was framed in 1787 and ratified in 1789. The U.S. Constitution establishes the character and principles of government: Article 1 defines the legislature. Article 2 defines the executive branch. Article 3 defines the court/judicial system. Article 4 defines state powers and limits. |
Statutes |
Statutes are the laws enacted by the U.S. Congress. These laws define: Criminal law. Copyright laws. Broadcasting rules. Advertising rules. Access to public information, etc. |
Common Law |
These are the laws that originate from the court system. They are based on custom and precedent. They are based on a problem-solving approach. Courts follow each other's guidelines and rulings. Higher court rulings are binding to all lower court rulings. However, courts can modify precedent. Courts can also overturn precedent. |
Administrative Law |
These are the laws and bylaws passed by federal and state government agencies. Examples include: Conduct hearings. Dispute resolution. Levying penalties and fines. These laws also allow for an appeals process. Some appeals can be heard in court. Examples of agencies include; the FCC, FDA, EPA, Department of Homeland Security, etc. |
Executive Orders |
These are orders signed by: The U.S. President. Governors. Mayors. Examples include order that determine: Media access to Military zones. Classification of records. City curfews. States of emergency. |