§1.1 Sources and Hierarchy of Law

• Jurisdiction: United States
• Publication year: 2022

§1.1 Sources and Hierarchy of Law

§1.1.1 The Constitution

The Constitution of the federal government is known as the "supreme law of the law."² The Constitution, along with congressional acts, statutes, and, administrative laws, provides the means for governance and rights within the United States.³ The Constitution guarantees rights and levels of freedom to all U.S. citizens, and at times non-citizens, under the law. No laws, including states' laws, may contradict any principles of the federal Constitution, and no governmental authority, again including a state's, is exempt from complying with federal law.⁴ This translates into any law that is repugnant to the Constitution is null and void. The executive, legislative, and judiciary branches, and the states' counterparts, are bound by the framework of the Constitution.

§1.1.2 Federal Legislation and Statutes

Article 1 § 1 of the United States Constitution provides that:

"All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives."

Legislative powers are shown when Congress writes a bill, or proposed law, with the intention of the bill becoming a law, or statute.⁵ After being passed by Congress, a bill becomes law. The executive and administrative bodies then execute, or act based on, the law, and the judiciary branch then, at the appropriate time and generally upon request, interprets the law.⁶ Even though a bill may become a statute, it may not pass judicial scrutiny when put before a judge. A statute may be held unconstitutional if it fails to pass this scrutiny, thus making it void and struck.⁷

§1.1.3 Treaties

A treaty is a formal agreement between two or more nations, or sovereigns. In the United States, a treaty is termed an agreement made by the President, who is the head of the executive branch, with the advice and consent of the Senate.⁸ Treaties are either self-executing or non-self-executing. Self-executing treaties are given effect under the law without any action by Congress, whereas non-self-executing treaties are not given effect under the law until Congress acts to effectuate them.⁹

The federal Constitution provides that all treaties made under the authority of any government shall be the supreme law of the land.¹⁰ No treaty can confer on Congress a power to act contrary to the law of the Constitution.

§1.1.4 Executive Agreements

Executive agreements are international agreements generally involving diplomatic matters entered into by the President, without the approval of the Congress.¹¹ Though the President's power to enter into such agreements is not expressly provided for in the Constitution, this power has been recognized and accepted.¹² Executive agreements do not require Congressional approval, they are not classified as "supreme law," and any conflicting...