Bylaws are created by federal, state, and local legislators, who are made up of elected officials who have the power to legislate. The courts, where available, must apply the laws to the facts of a case. Where there is no law, the courts comply with the common law or jurisdiction. The common law refers to a law that has not been codified or passed by a legislator, but is nevertheless applied by the courts on the basis of the legal tradition and history of the United States and even going back to the legal system in England. Case law refers to the law that flows directly from court decisions. “Jurisdiction” consists primarily of judicial interpretations of the Constitution, statute or common law. “Jurisdiction” includes decisions of the Supreme Court and lower courts. Since laws are passed by legislators who have the power to legislate, laws control customary law or jurisprudence when the two are in conflict. An exception to this rule is that a law may be rejected by a court if the law is unconstitutional (inconsistent with the Constitution) as interpreted by applicable jurisprudence. Each country`s legal system has its own sources of law, but for systems that promulgate constitutions, constitutions are the most basic sources of law. [1] A constitution is a charter that establishes the government and the rules by which the government must function. In this presentation, we will look at the four main sources of law at the federal and state levels. These four sources of law are the U.S.
Constitution, federal and state laws, bylaws, and case law. The Constitution of the United States is therefore our “supreme law of the land” (in its own words). Everything it contains is binding. Think of the Constitution as the “ultimate” source of law, the source from which everyone draws inspiration. Federal laws, state laws, court opinions, and administrative laws must all conform to the rules of the Constitution. [2] The United States Constitution is revered internationally for its organization, purpose, and revolutionary nature at the time of its ratification. [3] The Constitution establishes both the rules governing the functioning of the United States government and the fundamental rights and freedoms enjoyed by everyone. [4] While the articles focus on the functioning of government, the first ten amendments to the Constitution form the “Bill of Rights” which protects individual freedoms. For example, the First Amendment prohibits Congress from enacting laws that restrict free speech. The Second Amendment prohibits the violation of the right to possess and bear arms, and the Fourth Amendment guarantees a person`s right to be free from improper search and seizure. Over the past 230 years, the way these changes are applied in our society has evolved, but their basic protection has remained stable. Jurisdiction, also known as common law, includes judicial decisions or judicial law.
Over the course of two centuries, the U.S. legal system has become a model for other nations around the world trying to craft a variety of laws. In this presentation, we discussed the four sources of law that interact, overlap, and work together to create a robust set of legal guidelines. [2] University of Idaho School of Law, Sources of Law, www.uidaho.edu/~/media/UIdaho-Responsive/Files/law/library/legal-research/guides/sources-law.ashx. For more information on how laws are passed in the federal system, see: HOW OUR LAWS ARE MADE, REVISED, AND UPDATED BY Charles W. Johnson, Congressman, U.S. House of Representatives, January 31, 2000 ยท The Code of Federal Regulations, which is the main source of regulatory legislation; The U.S. Congress enacts federal laws that apply in all 50 states. An example of federal legislation is the Clean Air Act, a federal law that regulates air emissions from stationary and mobile sources of pollution. This law is a federal law and applies as such to all stationary and mobile sources of air pollution in all states of the country.