Federal law
Overview
Federal law refers to the legal framework that governs the United States at the national level. It is created by the Congress, interpreted by the Judiciary, and enforced by the Executive Branch. Federal laws are applicable throughout the entire country, superseding state and local laws when there is a conflict.
Creation of Federal Law
The process of creating federal law is outlined in the Constitution. It begins with the proposal of a bill in either the House of Representatives or the Senate. The bill must pass both houses of Congress and be signed by the President to become law. If the President vetoes the bill, Congress can override the veto with a two-thirds majority vote in both houses.
Types of Federal Law
Federal laws can be broadly categorized into three types: constitutional law, statutory law, and regulatory law.
Constitutional Law
Constitutional law is based on the U.S. Constitution and Supreme Court interpretations of the Constitution. It sets the fundamental principles and framework for the federal government.
Statutory Law
Statutory law refers to laws enacted by Congress. These laws are codified in the U.S. Code, which is organized by subject matter.
Regulatory Law
Regulatory law is created by federal agencies to implement statutory law. Agencies are given the authority to create regulations by Congress through enabling statutes.
Interpretation and Enforcement of Federal Law
The Judiciary interprets federal law, with the Supreme Court having the final say on its constitutionality. The Executive Branch enforces federal law, with various federal agencies responsible for specific areas of law enforcement.
Federal Law and State Law
Federal law and state law operate concurrently within the U.S. legal system. When there is a conflict between federal and state law, the Supremacy Clause of the Constitution provides that federal law is supreme.