The law of the United States consists of many levels 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 constitutional acts of Congress, constitutional treaties ratified by Congress, constitutional regulations promulgated by the executive branch, and case law originating from the federal judiciary.
The Constitution and federal law are the supreme law of the land, thus preempting conflicting state and territorial laws in the fifty U.S. states and in the territories. However, the scope of federal preemption is limited, because the scope of federal power is itself rather limited. In the unique dual-sovereign system of American federalism (actually tripartite because of the presence of Indian reservations), states are the plenary sovereigns, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. 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.
At both the federal and state levels, the law of the United States was originally largely derived from the common law system of English law, which was in force at the time of the Revolutionary War. However, U.S. law has diverged greatly from its English ancestor both in terms of substance and procedure, and has incorporated a number of civil law innovations.
Read more about Law Of The United States: American Common Law, Exceptions
Famous quotes containing the words law of the, united states, law of, law, united and/or states:
“I consider, then, the power to annul a law of the United States, assumed by one state, incompatible with the existence of the Union, contradicted expressly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object for which it was formed.”
—Andrew Jackson (1767–1845)
“The United States must be neutral in fact as well as in name.... We must be impartial in thought as well as in action ... a nation that neither sits in judgment upon others nor is disturbed in her own counsels and which keeps herself fit and free to do what is honest and disinterested and truly serviceable for the peace of the world.”
—Woodrow Wilson (1856–1924)
“Nor has science sufficient humanity, so long as the naturalist overlooks the wonderful congruity which subsists between man and the world; of which he is lord, not because he is the most subtile inhabitant, but because he is its head and heart, and finds something of himself in every great and small thing, in every mountain stratum, in every new law of color, fact of astronomy, or atmospheric influence which observation or analysis lay open.”
—Ralph Waldo Emerson (1803–1882)
“Well, I always say the law was meant to be interpreted in a lenient manner. And that’s what I try to do, is sometimes I lean to one side of it, sometimes I lean to the other.”
—Irving Ravetch (b. 1920)
“We begin with friendships, and all our youth is a reconnoitering and recruiting of the holy fraternity they shall combine for the salvation of men. But so the remoter stars seem a nebula of united light, yet there is no group which a telescope will not resolve; and the dearest friends are separated by impassable gulfs.”
—Ralph Waldo Emerson (1803–1882)
“The traveler to the United States will do well ... to prepare himself for the class-consciousness of the natives. This differs from the already familiar English version in being more extreme and based more firmly on the conviction that the class to which the speaker belongs is inherently superior to all others.”
—John Kenneth Galbraith (b. 1908)