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United States law

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United States law
NameUnited States law
CaptionSeal of the Supreme Court of the United States
Established1789 (Constitution ratified)

United States law is the legal system governing the United States and its subdivisions, rooted in the United States Constitution and shaped by landmark decisions such as Marbury v. Madison, Brown v. Board of Education, and Roe v. Wade. It evolved through instruments like the Declaration of Independence, the Federalist Papers, and statutes including the Civil Rights Act of 1964 and the Patriot Act. Major actors include institutions such as the Supreme Court of the United States, the United States Congress, and the Executive Office of the President.

Constitutional framework

The bedrock is the United States Constitution, whose principles were debated at the Philadelphia Convention and propagated by figures like James Madison, Alexander Hamilton, and George Washington. Constitutional interpretation has been contested in cases such as McCulloch v. Maryland and United States v. Nixon, and by doctrines developed in opinions by justices including John Marshall, Oliver Wendell Holmes Jr., and Earl Warren. Amendments such as the First Amendment, Fourth Amendment, Fifth Amendment, and Fourteenth Amendment define rights and federalism tensions litigated in disputes involving states like California, Texas, and New York.

Sources and hierarchy of law

Primary sources include the United States Constitution, federal statutes enacted by the United States Congress such as the Social Security Act, treaties ratified under Treaty Clause procedures, and regulations promulgated by agencies like the Securities and Exchange Commission and the Environmental Protection Agency. Judicial precedents from the Supreme Court of the United States and federal courts of appeals create common-law principles, while state constitutions and statutes from legislatures such as the California State Legislature and the New York State Assembly govern within each jurisdiction. Conflicts are resolved by doctrines like preemption doctrine and the Supremacy Clause.

Branches of government and separation of powers

The constitutional structure divides authority among the United States Congress (legislative), the President of the United States (executive), and the Supreme Court of the United States (judicial). Legislative checks include impeachment proceedings against officials such as Andrew Johnson and Bill Clinton; executive actions have been reviewed in cases like Youngstown Sheet & Tube Co. v. Sawyer; judicial review was established in Marbury v. Madison. Interbranch disputes have involved episodes such as the Watergate scandal, the Iran–Contra affair, and debates over appointments exemplified by confirmations of justices like Antonin Scalia and Ruth Bader Ginsburg.

Criminal law and procedure

Criminal law at the federal level is codified in the United States Code and prosecuted by the United States Department of Justice through offices like the Federal Bureau of Investigation and United States Attorneys. Protecting rights, the Fourth Amendment governs searches and seizures with precedent from Mapp v. Ohio and Katz v. United States; the Fifth Amendment and cases like Miranda v. Arizona address self-incrimination and confessions. Sentencing and corrections involve statutes like the Violent Crime Control and Law Enforcement Act and institutions such as the Federal Bureau of Prisons, while landmark prosecutions include cases against individuals like Al Capone and corporations investigated under the Foreign Corrupt Practices Act.

Civil law and civil procedure

Civil disputes are governed by statutes, common law, and rules such as the Federal Rules of Civil Procedure and state analogues like the California Code of Civil Procedure. Key areas include contract law illustrated by disputes involving entities like Apple Inc. and AT&T, tort law developed through cases such as Palsgraf v. Long Island Railroad Co. (state-level doctrine analogues), and family law administered in state courts like the New York Supreme Court. Remedies include damages, injunctions as in United States v. Microsoft Corp. antitrust litigation, and equitable relief shaped by decisions of courts including the United States Court of Appeals for the Ninth Circuit.

Regulatory and administrative law

Regulatory authority rests with agencies created by Congress, such as the Federal Communications Commission, Food and Drug Administration, and Internal Revenue Service, operating under statutes like the Administrative Procedure Act. Judicial review of agency action occurs in courts like the United States Court of Appeals for the D.C. Circuit with standards established in cases like Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and Auer v. Robbins. Major regulatory programs include Clean Air Act enforcement, Medicare and Medicaid administration, and securities regulation enforced after scandals such as Enron.

The legal profession is regulated by state bar associations such as the State Bar of California and national organizations like the American Bar Association. Admission, ethics, and discipline reference models like the Model Rules of Professional Conduct promulgated by the American Bar Association. The judiciary comprises trial courts (state superior courts, federal United States District Courts), intermediate appellate courts (state courts of appeal, federal United States Court of Appeals), and the Supreme Court of the United States as the ultimate arbiter, with landmark appointments including Sandra Day O'Connor and Neil Gorsuch. Court administration and reforms have been influenced by commissions such as the Federal Judicial Center and events like the Judicial Conference of the United States.

Category:Law of the United States