2. The Legal System
THE ORIGINS OF U.S. LAW
The United States legal system is derived from the complex structure of laws created in
England, called Common Law. The English legal system reflects the central theory that land is
the most important commodity. Judges were taught to rule based on holdings of previous
cases, called precedent or state decisions. This provided predictability within the system,
and the the accumulation of precedent is what we refer to as common law.
In framing our laws, the Founding Fathers took English Common Law and expanded
individual rights to form a national central government. However, individual states maintain
control in many areas. Expanding individuals’ rights was central to the U.S. system of
government and laws; in fact, there are many rights guaranteed to individuals with which the
government cannot interfere. As a result, the U.S. legal system is complex and multi-layered.
Let’s examine the various sources of law.
3. Sources of Law
Laws come from many different sources that work together and integrate with one another.
Let’s examine the different sources of law.
U.S. CONSTITUTION: The preeminent authority in the United States
STATUTES: derived from legislature
and cannot violate the Constitution.
Ex. Affordable Care Act (“Obamacare”)
COMMON LAW COURTS: judges
make law based on precedent; statutes
can override common law.
Ex. The Right to Self-Defense
COURT ORDERS: directives from
common law courts enforcing their
decisions.
Ex. domestic violence restraining order.
ADMINISTRATIVE LAW: derived from
statutes and formulated by administrative
agencies.
Ex. Health and Human Services
regulations for enrollment under the
Affordable Care Act
TREATIES: Regulates international
relationships it is a product of the
Executive Branch (President) and
U.S. Congress-authorized by the U.S.
Constitution.
Ex. North American Free Trade
Agreement (NAFTA)
INTERNATIONAL LAW:
provides a framework for international
relations, governance by consent of
international members (not obligated
to abide unless specifically consents
to do so).
ADMINISTRATIVE AGENCIES:
direct and supervise the implementation
of particular legislative acts.
Ex. The Department of Health and
Human Services administers the
Affordable Care Act
4. The U.S. Constitution and Branches of Government
The Constitution is the the “supreme” law of the land. Any law that conflicts with the Constitution is void.
The Constitution provides the structure for the branches of government: the executive branch, the
legislative branch and the judicial branch. This provides a system of “checks and balance,” where each
branch has some measure of power over the other two branches and no branch has sole or exclusive
power. It allows for fundamental rights which are the ultimate rights of the individual.
EXECUTIVE BRANCH
Has authority to enforce and
implement laws
President
Vice President
Cabinet members
(Administrative agency
heads, e.g., Secretary
of Health and Human
Services)
LEGISLATIVE BRANCH
Creates new laws (e.g.
Affordable Care Act)
Congress
Senate
House of
Representatives
JUDICIAL BRANCH
Interprets laws and determines
their validity
U.S. Supreme Court
Federal Circuit Courts
Federal District
Courts
Hinweis der Redaktion
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