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United States
Constitution
The Constitution of the United States is the "supreme
law of the land;" it provides the basis for the United
States government, and guarantees the freedom and rights of
all United States citizens. No laws may contradict any of
the Constitution's principles and no governmental authority
in the United States is exempt from complying with it. The
federal courts have the sole authority to interpret the Constitution
and to evaluate the federal constitutionality of federal or
state laws.
International
Treaties
Treaties entered into by the United States are also considered
the supreme law of the land pursuant to the United States
Constitution, as are federal laws. In the case of a conflict
between a treaty and a federal statute, the one that is later
in time or more specific will typically control. Treaties
to which the United States are a party may be found in the
United States Treaties Service, the Statutes at Large, the
Treaties and other International Acts Series issued by the
State Department, as well as the United Nations Treaty Series.
Treaties are often implemented by federal statutes.
Federal Statutes
Federal Statutes are published first in Slip Law, then in
the Statutes at Large, and subsequently in the United States
Code.
Agency Rules
and Executive Orders
Federal administrative bodies issue rules and regulations
of a quasi-legislative character; valid federal regulations
have the force of law and preempt state laws and rules. Rules
and regulations may be issued only under statutory authority
granted by Congress. The President also has broad powers to
issue executive orders. An executive order is a directive
from the President to other officials in the executive branch.
Proposed and final rules, executive orders, and other executive
branch notices are published daily in the Federal Register.
No person may be subject to any rule required to be published
in the Federal Register and not so published. Every federal
agency must publish: descriptions of its organizational structure;
general statements of how the agency functions; its rules
of procedures, available forms and descriptions of all papers,
final reports or examinations; and, all substantive rules
or statements of general applicability adopted by the agency.
Rules may be challenged in federal court. The federal courts
have sole authority to review agency rules and actions to
ensure that they are legal under the substantive federal statute.
Final administrative rules are published first in the Federal
Register and then in the Code of Federal Regulation.
Judicial Opinions
The United States is a common law country. Every United States
state has a legal system based on the common law, except Louisiana
(which relies on the French civil code). Common law has no
statutory basis; judges establish common law by applying previous
decisions (precedents) to present cases. Although typically
affected by statutory authority, broad areas of the law, most
notably relating to property, contracts, and torts are traditionally
part of the common law. These areas of the law are mostly
within the jurisdiction of the states, and thus state courts
are the primary source of common law. Federal common law is
relatively narrow in scope, being limited primarily to clearly
federal issues that have not been addressed by a statute.
Reported decisions of the United States
Supreme Court and of most of the state appellate courts can
be found in the official reporter of the respective courts.
Those decided from at least 1887 to date can also be found
in the National Reporter System, a system of unofficial reporters.
Decisions of lower state courts are not published officially,
but can usually be found in unofficial reports. When referring
to a case, a citation typically includes the name of the case
and the volume and pages of the reporter, as well as the date.
For example, as follows: Kleppe v. New Mexico, 426 U.S. 529
(1976). Citations to federal courts of appeals are found in
volumes abbreviated F., F.2d, or F.3d, and district courts
are in volumes abbreviated F. Supp. The decisions of other
specialized federal courts such as claims of bankruptcy decisions
are also reported.
The system for citing state cases is similar.
A correct citation would be: Wagen v. Ford Motor Co., 97 Wis.
2d 260, 294 N.W. 2d 437 (1980), meaning the case was decided
in 1980, and is found on page 260 of volume 97 of the second
series of Wisconsin State Reporters (the official reporter),
as well as on page 437 of volume 294 of the second Northwestern
set of the National Reporter System.
State Constitutions
and Statutes
State constitutions are the supreme law within the state.
State statutes must conform to the respective state's constitution.
All state constitutions and legislation can be preempted by
federal legislation or the federal Constitution. Municipal
charters, ordinances, rules, and regulations apply only to
local issues; they typically can be preempted by either state
or federal law.
Citation Form
To ensure uniformity in citation styles for all law-related
publications or writings, most citation to legal sources in
the United States follows the Uniform System of Citation,
also known as the Bluebook. The Bluebook is updated every
few years by a consortium of law schools. Among other things,
the Bluebook provides the abbreviations for all state and
federal courts, statutory compilations, and administrative
rules.
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