Law of the United States
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| Law of the United States | |
|---|---|
 | |
| Name | Law of the United States |
| Caption | United States Supreme Court Building, Washington, D.C. |
| Jurisdiction | United States |
| Established | 1789 |
| System | Common law tradition |
| Courts | United States Supreme Court, United States Courts of Appeals, United States district courts |
| Legislation | United States Constitution, Bill of Rights |
| Executive | President of the United States |
| Legislature | United States Congress |
| Attorney general | Attorney General of the United States |
Law of the United States governs legal relationships, rights, and obligations across the United States of America, shaping disputes adjudicated by the United States Supreme Court, Congress, and state legislatures. It evolved through landmark decisions like Marbury v. Madison, statutes such as the Civil Rights Act of 1964, and constitutional amendments like the First Amendment, balancing federal institutions including the Department of Justice, Federal Bureau of Investigation, and state judiciaries such as the New York Court of Appeals, California Supreme Court, and Texas Supreme Court.
Historical development
The founding era featured debates at the Philadelphia Convention that produced the United States Constitution and compromises reflected in the Three-Fifths Compromise and the Commerce Clause, later contested in cases like Gibbons v. Ogden and Dred Scott v. Sandford. Reconstruction produced amendments including the Thirteenth Amendment, Fourteenth Amendment, and Fifteenth Amendment and legislation such as the Civil Rights Act of 1866 and judicial enforcement in decisions like Plessy v. Ferguson and its repudiation in Brown v. Board of Education. The New Deal era brought cases including Wickard v. Filburn and statutes such as the Social Security Act that expanded federal regulatory reach, later reined by decisions like United States v. Lopez and legislation like the Administrative Procedure Act. Civil rights and liberties advanced through litigation before the Supreme Court of the United States, advocacy by organizations including the American Civil Liberties Union and the National Association for the Advancement of Colored People, and statutes like the Voting Rights Act of 1965 and the Fair Housing Act.
Sources of law
Primary sources include the United States Constitution, federal statutes enacted by the United States Congress such as the Sherman Antitrust Act and the Clayton Antitrust Act, treaties ratified by the United States Senate like the Treaty of Paris (1898), and judicial opinions from courts including the United States Court of Appeals for the Second Circuit and the United States Court of Appeals for the Ninth Circuit. Administrative rules issued by agencies such as the Securities and Exchange Commission, Environmental Protection Agency, Food and Drug Administration, and Internal Revenue Service derive force under the Administrative Procedure Act. State codes passed by bodies like the New York State Legislature and the California State Legislature coexist with municipal ordinances adopted by entities such as the New York City Council and the Chicago City Council. Scholarly treatises such as those by Oliver Wendell Holmes Jr. and restatements from the American Law Institute inform common law development, while executive orders from presidents including George Washington, Abraham Lincoln, Franklin D. Roosevelt, and Barack Obama affect federal policy.
Constitutional law
Interpretation of the United States Constitution by the United States Supreme Court establishes doctrines like judicial review from Marbury v. Madison, separation of powers reflected in disputes involving United States v. Nixon and Youngstown Sheet & Tube Co. v. Sawyer, and individual rights articulated through cases including Roe v. Wade, Obergefell v. Hodges, Miranda v. Arizona, and Gideon v. Wainwright. Structural provisions such as the Commerce Clause, Necessary and Proper Clause, and the Due Process Clause have animated litigation in matters involving the National Labor Relations Board and legislation like the Affordable Care Act, adjudicated in cases such as King v. Burwell and NFIB v. Sebelius. Constitutional amendment procedures in Article V, invoked during debates over the Equal Rights Amendment and proposals concerning campaign finance like Citizens United v. Federal Election Commission, shape long-term legal change.
Federalism and division of powers
Federalism is framed by the allocation of authority between the United States federal government and state governments such as California, Texas, New York (state), and Florida, producing conflicts resolved in decisions like McCulloch v. Maryland, Wickard v. Filburn, Printz v. United States, and Arizona v. United States. Interstate matters involve the Full Faith and Credit Clause and the Privileges and Immunities Clause, while congressional powers under the Commerce Clause and taxation authority impact regulation by agencies such as the Federal Communications Commission. State sovereign immunity claims arise under the Eleventh Amendment and cases like Alden v. Maine, and federal preemption disputes occur in arenas including immigration law decisions and regulatory fields overseen by the Federal Aviation Administration and Occupational Safety and Health Administration.
Statutory and administrative law
Congressional statutes such as the Tax Reform Act of 1986, Affordable Care Act, and the USA PATRIOT Act create frameworks implemented by agencies including the Department of Homeland Security, Centers for Disease Control and Prevention, and the Federal Trade Commission. Administrative adjudication and rulemaking follow standards from Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and Motor Vehicle Manufacturers Association v. State Farm Mutual Automobile Insurance Co., while the Administrative Procedure Act provides procedural baselines. Enforcement actions by the Securities and Exchange Commission, Federal Reserve System, and the Commodity Futures Trading Commission address markets shaped by statutes like the Sarcstide-Oxley Act and the Dodd–Frank Wall Street Reform and Consumer Protection Act. Legislative oversight by bodies including the House Committee on the Judiciary and the Senate Judiciary Committee checks agency power.
Criminal law and procedure
Federal criminal statutes in the United States Code and state penal codes address offenses prosecuted in United States district courts and state trial courts, with constitutional protections under the Fourth Amendment, Fifth Amendment, Sixth Amendment, and Eighth Amendment enforced in cases such as Miranda v. Arizona, Mapp v. Ohio, Gideon v. Wainwright, and Terry v. Ohio. Federal enforcement is conducted by the Federal Bureau of Investigation, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, Firearms and Explosives, while federal prosecution follows rules in the Federal Rules of Criminal Procedure. Capital punishment controversies have reached the Supreme Court of the United States in cases like Furman v. Georgia and Gregg v. Georgia, and sentencing reforms engage statutes like the First Step Act. Habeas corpus petitions invoke the Antiterrorism and Effective Death Penalty Act of 1996 and decisions such as Boumediene v. Bush.
Civil law and procedure
Civil litigation arises under statutes including the Civil Rights Act of 1964, the Americans with Disabilities Act, the Fair Labor Standards Act, and the Securities Exchange Act of 1934, adjudicated under the Federal Rules of Civil Procedure and state analogues. Class actions are governed by precedents like Wal-Mart Stores, Inc. v. Dukes and statutes such as the Class Action Fairness Act of 2005, while alternative dispute resolution features institutions like the American Arbitration Association and conventions such as the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Remedies and equitable relief are shaped by cases like eBay Inc. v. MercExchange, L.L.C. and statutes such as the Lanham Act, impacting intellectual property adjudicated in the United States Court of Appeals for the Federal Circuit and agencies including the United States Patent and Trademark Office.
Legal institutions and profession
Key institutions include the United States Supreme Court, United States Courts of Appeals, United States district courts, state supreme courts such as the Massachusetts Supreme Judicial Court, law schools like Harvard Law School, Yale Law School, and Stanford Law School, bar associations such as the American Bar Association and state bars including the New York State Bar Association, and professional roles like the Attorney General of the United States, state attorneys general exemplified by the Attorney General of California, and public defenders. Legal scholarship in journals such as the Harvard Law Review and Yale Law Journal and organizations including the American Law Institute influence doctrine, while legal reform movements engage groups like Legal Services Corporation and advocacy by entities such as the Southern Poverty Law Center and Human Rights Campaign.