Sources of Federal, State, and Local Law - Explained
What are the Sources of Law?
Written by J. Mance Gordon
Updated at April 21st, 2024
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What are the sources of federal, state, and local law?
The sources of law in the US System include:
- US Constitution and Amendments
- Federal Statutes & Common-Law Interpretations
- Federal Regulations
- Treaties & Executive Orders
- State Constitutions
- State Statutes & Common-Law Interpretations
- State Regulations
- Local Ordinances
What is the hierarchy of laws in the US System?
The Constitution is the supreme law of the land. Congress passes federal acts made up of statutes that are published in the Federal Code of Statutes.
Federal agencies pass administrative regulations as the procedural rules for executing the statutes. These regulations are published in the Code of Federal Regulations.
Congress authorizes treaties with foreign nations and the President issues executive orders that also have the force and effect of law.
State legal systems are quite similar to the federal legal system.
State law is derived from the States Constitution.
State legislatures pass statutes and administrative agencies adopt regulations to carry out these statutes.
States authorize local governments to pass local ordinances and to enforce state law.
In state and federal systems, the judiciary provides appellate opinions that have the same legal force in that jurisdiction as the laws being interpreted.
In terms of legal priority, federal law is superior to state law, and state law is superior to local law.
The state may regulate any area of law not specifically reserved to or preempted by federal law.
State constitutions specifically designate the areas of law that localities can regulate.
What is Case Law?
Case law is the legal interpretation of a law by an appellate court. The court's interpretation of the law becomes part of the law (known as "precedent") within that court's jurisdiction.
Related Concepts
- What are the "common law" and "civil law" systems?
- What is "public law" and "private law"?
- What is "civil law" and "criminal law"?
- What is "substantive law" and "procedural law"?
- United States Code of Laws
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- United States Code of Laws
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