Primary Sources Of Law In The United States

Notably, the American Law comprises of various laws each originating from a different source. The sources of the American Law include the Statutory law, Common law which is also referred to as the case law, Administrative law, constitutional law and Court Rules. This paper looks into discussing these primary sources of the American Law and how they work together and separately.

The oldest form of law in the United States is the Common Law. In this respect, the common law has been indicated as the foundation and origin of the American Law. The development of the Common Law was done in England and was first introduced to America by the English colonists. The law was initially adopted by thirteen original states, but currently, all states have incorporated Common law through constitutional authority or statute. However, it is critical to note that some states do not recognize common-law crimes. As a source of American laws, court rules have played an instrumental role in modifying and nullifying parts of the common law. However, the legislatures are tasked with providing the final word in making of laws, but the Constitution is considered as the supreme law of the land. Notably, legislation is always superior to common law.

As noted above, the legislature has the sole authority of making as well as nullifying laws and their parts. However, the work of legislature in making laws is also limited primarily by the constitution of not only the states but also by the federal government. In most cases, such limitations are contained in the Bill of Rights. The judiciary has been mandated to declare a law as “void” if the legislatures fail to enact legislation that violates a provision in the constitution. Municipalities can also pass laws in the form of ordinances. However, some states limit the power of ordinances and their