Kinds of Laws

There are four different kinds of laws in the United States. All these laws must follow the principles set forth in the Constitution, which is the supreme law of the land.

Statutory Law. Laws that are passed by lawmaking bodies are known as statutory laws. They are passed by Congress and by state and local governments. For example, a state law that requires fire exits in all public buildings is a statutory law.

Common Law. What happens if there is no statutory law covering a specific situation? Then people follow certain rules that have been accepted by Americans as the proper ways in which to act. Some of these rules are based on both common sense and common practice.

For example, before automobiles became a major form of transportation, there were no laws about driving them. Suppose at that time someone was driving an automobile at its top speed and ran into a horse-drawn wagon, crushing the wagon. The driver might argue that his case should be dismissed because there was no law regulating the speed of automobiles.

The judge might reply that there is an established principle that people cannot use their property to injure others. Thus the judge would apply the rule of common sense and common practice in such a case.

The judge’s decision might be remembered by another judge hearing a similar case. Eventually most judges might follow the same precedent, or earlier decision, in such cases. In time, those guilty of recklessly driving their automobiles would be punished according to this customary rule. This rule would become a part of American customary, or common, law. Common law, therefore, is law that comes from judges’ decisions.

In time, most common law is passed as statutory law by the nation’s lawmaking bodies. In this way, it is written down so that all of the nation’s citizens may know it.

Administrative Law. Many of the laws that affect the daily lives are made by government agencies. These laws are known as administrative laws. For example, the Consumer Product Safety Commission is making an administrative law when it rules that a toy is unsafe and must immediately be taken off the market.

Constitutional Law. The Constitution of the United States, as you know, is supreme above all other types of laws. If any law comes into conflict with the Constitution, the Constitution prevails. Constitutional law is law based on the Constitution and on Supreme Court decisions interpreting the Constitution.

Laws usually represent the feelings of the majority as to what is right and what is wrong. When most of the American people feel strongly that something should or should not be done, a law is passed on the subject. Or, if they change their mind about an issue, a law can be replaced. In this way, the laws grow and change with the times.

Every American citizen is responsible for knowing and obeying the laws. It is their responsibility to get to know the laws that concern any activity they expect to undertake. A person who rides a bicycle, for example, must know about road signs and traffic regulations. The law-abiding citizen realizes that laws are passed for the good of all. By learning and obeying the nation’s laws, you are practicing good citizenship.