Introduction to the U.S.Legal System
- ISBN-10
- 3847346040
- ISBN-13
- 9783847346043
- Pages
- 232
- Language
- English
- Published
- 2012-01-13
- Publisher
- LAP Lambert Academic Publishing
- Authors
- Jasvinder Singh, Gurupdesh Kaur
Description
The law of the United States consists of many levels of codified and uncodified forms of law, of which the most important is the U.S Constitution, the foundation of the federal government of the U.S. The Constitution sets out the boundaries of federal law, which consists of constitutional acts of Congress, constitutional treaties ratified by Congress, constitutional regulations promulgated by the executive branch, and case law originating from the federal judiciary. The Constitution and federal law are the supreme law of the land, thus preempting conflicting state and territorial laws in the fifty U.S. states and in the territories. However, the scope of federal preemption is limited, because the scope of federal power is itself rather limited. In the unique dual-sovereign system of American federalism, states are the plenary sovereigns, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights.
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