Legal Question in Constitutional Law in Illinois

Re: Laws

For the states, their legislatures. For the feds, the Senate and Congress of the United States.

Re: Laws

In the United States, the "supreme law of the land" is the United States Constitution, which provides the basic structure of our federal government.

Under the Constitution, a statute (i.e., a law) is created by passage of a bill through both Houses of Congress -- the House of Representatives and the Senate -- with the signature of the President. If the President refuses to sign such a bill, i.e., one that has passed through both Houses of Congress, or if the President actively "vetos" such a bill, then Congress can still make the bill become a law by overriding the veto with a 2/3s majority. (Incidentially, a bill to raise taxes must originate in the House of Representatives.)

Many statutes create administrative agencies -- such as the Federal Trade Commission, the Securities and Exchange Commission, the Federal Drug Administration, and many others -- and authorize those agencies to create regulations within a certain sphere of authority. These "regulations" may be considered "law" in a loose sense of the term, as they have the force of law.

In addition, when a case is adjudicated by a court, whether the Supreme Court of the United States or any other type of court, that decision may be used as precedent for future cases. So, when, say, the United States Supreme Court ruled that the notion of "seperate but equal" was unconstitional ("separate but equal" referred to the passage of laws that segregated blacks from whites, under the notion that the segregation was permissible as long as the facilities for each group were "equal"), it "created" law that said barred such practices. There are tens of thousands of other examples, ranging from simple breach of contract actions to the most complex securities or antitrust laws.

In addition to this federal web, each state has its own legislature and each city or municipality has its own ordinancies, not to mention county laws.

Thus, the laws that bind and govern you stem from a variety of sources.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.