Law of the United States

Definition and stakes

The legal system of the United States is a complex structure grounded in the Constitution, which defines federal authority while granting states broad powers unless federal law overrides them. Federal law encompasses statutes, treaties, and court rulings, whereas state regulations, frequently based on English common law, manage everyday affairs.

Joseph Story underscored the Constitution’s preeminence, describing it as the “keystone of the arch,” while Samuel Freeman Miller recognized the lasting impact of English common law on American legal traditions. These viewpoints illustrate the evolving relationship between constitutional directives, federal supervision, and state independence, creating a legal environment that harmonizes consistency with local variation.

Quotes about “law of the United States”

Joseph Story, Commentaries on the Constitution of the United States (1833)

“ By this, the supremacy of the constitution and laws of the United States is declared. The people so will it. No state law is to be valid, which comes in conflict with the constitution, or any law of the United States passed in pursuance of it. But who shall decide this question of interference? To whom lies the last appeal? This, sir, the constitution itself decides, also, by declaring, 'that the judicial power shall extend to all cases arising under the constitution and laws of the United States.' These two provisions, sir, cover the whole ground. They are, in truth, the keystone of the arch. ”

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Source: Wikisource

Samuel Freeman Miller, Bucher v. Cheshire Railroad Company…

“ There is no common law of the United States, and yet the main body of the rights of the people of this country rest upon and are governed by principles derived from the common law of England, and established as the laws of the different states. ”

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Source: Wikisource

Jonathan Elliot, Debates in the Several State Conventions on the Adoption of the Federal Constitution (1907)

“ The judicial power of the United States shall not be construed to extend to any suit in, law or equity, commenced or prosecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state. ”

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Source: Wikisource

John Clark Ridpath, The Life and Work of James A. Garfield…

“ The Congress shall have power to enforce by appropriate legislation, the following provisions, to wit:
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. ”

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Source: Gutenberg

Joseph Story, Commentaries on the Constitution of the United States (1833)

“ In laws, we are obliged to act without ourselves determining, or promising any thing at all." [41] It is a rule prescribed; that is, it is laid down, promulgated, and established. It is prescribed by the supreme power in a state, that is, among us, by the people, or a majority of them in their original sovereign capacity. Like the ordinary municipal laws, it may be founded upon our consent, or that of our representatives; but it derives its ultimate obligatory force, as a law, and not as a compact. ”

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Source: Wikisource

United States. Presidents, State of the Union Addresses (1790-2006…

“ The Federal courts must of course decide ultimately what are the respective spheres of State and Nation in connection with any law, State or National, and they must decide definitely and finally in matters affecting individual citizens, not only as to the rights and wrongs of labor but as to the rights and wrongs of capital; and the National Government must always see that the decision of the court is put into effect. ”

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Source: Gutenberg

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