Who determines federal law?

Asked by: Isabel Schaefer  |  Last update: February 20, 2026
Score: 4.3/5 (15 votes)

Federal laws in the U.S. are made by the Legislative Branch (Congress), which is composed of the House of Representatives and the Senate, with the President ultimately signing bills into law or Congress overriding a veto, and the Judiciary ensuring constitutionality. A bill must pass both chambers of Congress before going to the President for approval or rejection, a core part of the U.S. system of checks and balances.

Who decides federal law?

The chief function of Congress is the making of laws. In addition, the Senate has the function of advising and consenting to treaties and to certain nominations by the President.

Do Republicans or Democrats control the Supreme Court?

The U.S. Supreme Court currently has a 6-3 majority of Republican-appointed justices, making it a conservative-leaning court, a balance solidified by appointments from Presidents George W. Bush, Donald Trump, and a shift after the passing of Justice Ruth Bader Ginsburg, with only three justices appointed by Democrats. This conservative supermajority typically consists of Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, while the liberal wing includes Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson. 

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.

Who has power over federal laws?

The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject many Presidential appointments, and substantial investigative powers.

Difference between federal court and state court

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Which law supersedes state or federal?

The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.

Who is higher than the President?

The Senate has exceptionally high authority, sometimes higher than the President or the House of Representatives. The Senate can try cases of impeachment, which can dismiss a President for misconduct.

Who can overturn a federal law?

The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn unconstitutional laws.

What state is 80% owned by the government?

The state where the U.S. government owns around 80% of the land is Nevada, with federal ownership being as high as 80.1%, making it the highest percentage of any U.S. state, primarily managed by agencies like the Bureau of Land Management (BLM). 

Who holds the U.S. government accountable?

The U.S. government is held accountable by several entities, primarily the Government Accountability Office (GAO), Congress, the Judicial Branch, and ultimately, the American public through elections and advocacy, ensuring checks and balances through oversight, investigation, and interpretation of laws. 

Can Congress overturn a Supreme Court decision?

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.

When was the last time the Supreme Court had a liberal majority?

The Warren Court was the period in the history of the Supreme Court of the United States from 1953 to 1969 when Earl Warren served as the chief justice. The Warren Court is widely regarded as the most liberal Supreme Court in U.S. history and marks the last period in which liberals held clear control of the Court.

Can Congress get rid of the Supreme Court?

“No provision in the Constitution gives [Congress] the authority to regulate the Supreme Court, period,” Justice Alito told the Wall Street Journal in 2023.

Does Trump appoint federal judges?

As of January 8, 2026 the United States Senate has confirmed 261 Article III judges nominated by Trump: three associate justices of the Supreme Court of the United States, 60 judges for the United States courts of appeals, 195 judges for the United States district courts, and three judges for the United States Court of ...

Does the President have control over the federal government?

The President is both the head of state and head of government of the United States of America, as well as Commander-in-Chief of the armed forces. Under Article II of the Constitution, the President is responsible for the execution and enforcement of laws created by Congress.

Who can change the laws in America?

“All legislative Powers” granted to the Federal government by the Constitution, as stated in Article 1, Section 1, are vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Which states pay more in taxes than they receive?

Net Tax Contributor and Recipient States According to studies (e.g., by the Rockefeller Institute of Government and WalletHub): • States like California, New York, Massachusetts, and New Jersey are net contributors—they pay more in federal taxes than they receive in federal funding.

Can you buy land from the federal government?

Real estate and federal lands for sale by the government

Government agencies sell real estate and federal lands either by auction or offer. Federal agencies acquire these properties through foreclosure, forfeiture, or failed banks.

Who has the most power in the state government?

Governors, all of whom are popularly elected, serve as the chief executive officers of the fifty-five states, commonwealths, and territories of the United States. As state managers, Governors are responsible for implementing state laws and overseeing the operation of the state executive branch.

Can a state ignore a federal law?

Thus, the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to determine whether federal laws are unconstitutional has been delegated to the federal courts. The courts therefore have held that the states do not have the power to nullify federal law.

Do judges have more power than the President?

Federal laws, for example, are passed by Congress and signed by the President. The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. But judges depend upon the executive branch to enforce court decisions.

Does federal law trump state law?

This would make the states superior to the federal government. The Court found that this would be inconsistent with the Supremacy Clause, which makes federal law superior to state law.

How does Trump rank as a President?

Donald Trump generally ranks near the bottom in surveys of presidential greatness by historians and scholars, often placing last (45th or 46th out of 46 presidents) in recent studies like the 2024 Presidential Greatness Project and C-SPAN's 2021 survey, though some polls place him slightly higher than James Buchanan or Andrew Johnson, who consistently rank last in some metrics. While some polls show his public approval higher than recent presidents like Biden or Carter in certain categories, scholarly consensus places him among the least effective presidents. 

Can Congress overthrow the President?

Yes, Congress can remove a President through the impeachment process for "Treason, Bribery, or other high Crimes and Misdemeanors," with the House impeaching (bringing charges) and the Senate holding a trial to convict, requiring a two-thirds vote for removal from office. While "overthrow" implies force, impeachment is the formal constitutional mechanism for removal by Congress for severe misconduct, acting as a check on presidential power.