What law is the United States under?
Asked by: Marco Considine Jr. | Last update: February 8, 2026Score: 4.6/5 (28 votes)
The U.S. follows a common law system based on the U.S. Constitution, which is the supreme law, supplemented by federal and state laws from legislatures, regulations from executive agencies, treaties, and judicial precedent (case law) from courts, creating a layered system with both federal and 50 state legal systems, all guided by the principle of the "rule of law".
What law is America under?
Constitution of the United States. Written in 1787, ratified in 1788, and in operation since 1789, the United States Constitution is the world's longest surviving written charter of government. Its first three words – “We The People” – affirm that the government of the United States exists to serve its citizens.
What type of law is in the USA?
In the United States, the law is derived from five sources: constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law).
What is the law of the United States called?
In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code. Federal laws also include decisions by courts that interpret federal laws.
What type of law is American law?
The American system is a “common law” system, which relies heavily on court precedent in formal adjudications. In our common law system, even when a statute is at issue, judicial determinations in earlier court cases are extremely critical to the court's resolution of the matter before it.
Overview of the American Legal System
Is U.S. common or civil law?
Most countries use the civil law system, but the United States uses the common law system. Because of this difference in systems, it can be confusing for U.S. victims of overseas terrorism to understand their role in the civil law system.
What are the 4 types of law?
The four main types of law, especially in the U.S. system, are Constitutional Law, Statutory Law, Administrative Law, and Case Law (Common Law), which derive from different governmental sources, from supreme foundational principles (Constitution) to laws passed by legislatures (Statutes), rules from agencies (Regulations), and judge-made precedents (Case Law).
Is the U.S. Constitution a law, yes or no?
The U.S. Constitution is the nation's fundamental law.
What is federal law?
Federal laws are rules that apply throughout the United States. These laws apply in every state, such as: Immigration law. Bankruptcy law. Social Security and Supplemental Security Income (SSI) laws.
What is America's legal system called?
The United States, like most former British colonies, uses a form of the common law system. A purely common law system is created by the judiciary, as the law comes from case law, rather than statute.
Does federal law trump state law?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
What is government law?
Government laws are those laws that are enacted and enforced by the federal government. The Federal Government of the United States consists of three branches: The executive branch; The legislative branch; and. The judicial branch.
What are the three types of law?
The basic divisions in the U.S. legal system are the criminal, civil, and administrative. Criminal laws are statutes enacted to maintain order in society. Compensating individuals who have been injured physically or economically is a civil law problem.
Are the USA under international law?
Yes, the U.S. generally follows international law, viewing it as part of its own legal system, but its application depends heavily on whether treaties are "self-executing" or require Congressional action, and the executive branch often asserts discretion in interpreting its application, leading to debates and criticisms over compliance, especially concerning customary international law and international institutions. U.S. courts incorporate international law, particularly customary international law, as domestic law, but its enforceability domestically hinges on legislative or executive implementation.
What happens if someone violates the Constitution?
This will typically be in the form of a lawsuit against the party that violated your constitutional rights. Generally, that would include the police officer who arrested you, though there are other players in your situation who could be liable.
What country has the best legal system?
Denmark, Norway, and Sweden have highly transparent and well-functioning legal systems that emphasize equality and justice. Germany is recognized for its strong constitutional protections and a well-organized judiciary, while the United Kingdom has a long-standing common law system that influences many other countries.
Who controls federal law?
United States Department of Justice. The United States Department of Justice (DOJ) is an executive department of the United States federal government that oversees the domestic enforcement of federal laws and the administration of justice. It is equivalent to the justice or interior ministries of other countries.
What crimes fall under federal law?
Other federal crimes include mail fraud, aircraft hijacking, carjacking, kidnapping, lynching, bank robbery, child pornography, credit card fraud, identity theft, computer crimes, federal hate crimes, animal cruelty, violations of the Federal Racketeer Influenced and Corrupt Organizations Act (RICO), obscenity, tax ...
What is not protected under the federal law?
Categories of speech that are given lesser or no protection by the First Amendment (and therefore may be restricted) include obscenity, fraud, child pornography, speech integral to illegal conduct, speech that incites imminent lawless action, speech that violates intellectual property law, true threats, and commercial ...
Who can overrule the Constitution?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
Do undocumented immigrants have constitutional rights?
These constitutional rights extend beyond U.S. citizens. The Constitution guarantees due process rights to all “persons,” not just citizens. This means non-citizens, including undocumented immigrants, are entitled to fair treatment under the law. This includes the right to defend themselves in court.
What does article 7 of the U.S. Constitution say?
Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states needed to approve it through special state conventions for the Constitution to become the law of the land, replacing the Articles of Confederation. It established the conditions for the new government to take effect and included the date the Constitution was signed (September 17, 1787).
What is the oldest U.S. law still in effect?
An Act to regulate the Time and Manner of administering certain Oaths was the first law passed by the United States Congress after the ratification of the U.S. Constitution. It was signed by President George Washington on June 1, 1789, and parts of it remain in effect to this day.
What is divine law?
Divine law is any body of law that is perceived as deriving from a transcendent source, such as the will of God or gods – in contrast to man-made law or to secular law.
What happens if you break a federal law?
Federal offenses almost always carry harsher consequences than their state counterparts and can expose a person to a lengthy prison term, expensive fines, and elimination from holding certain occupations.