The U.S. Legal System


In the United States, laws are made at the federal and state levels. Laws adopted by legislative bodies - Congress and state legislatures - are called "statutes."
The federal and state courts enforce statutes. They also create law.
These materials describe some of the basic concepts of our legal system, and the roles played by legislatures and courts.
FEDERAL STATUTES
The U.S. Constitution gives Congress to power to enact federal laws ("statutes") on certain subjects.
The Copyright Act (discussed extensively in the Copyright Law Summary ) is one example of a statute adopted by Congress. Congress's power to enact the Copyright Act stems from Article I, Section 8, of the Constitution, which authorizes Congress to establish laws giving "authors and inventors the exclusive right to their respective writings and discoveries" to encourage progress in the arts and sciences.
According to the Constitution, all powers not delegated to Congress are reserved to the states. The "commerce clause" of the Constitution (which concerns interstate commerce) is generally viewed as giving Congress broad power to regulate matters affecting interstate commerce - trademarks used in interstate commerce, for example.
Federal law-making begins when a member of the Senate or the House of Representatives introduces a bill. Most bills are referred to standing committees (for example, the House Committee on the Judiciary) and to subcommittees for study. Bills are later brought before the Senate or House for debate and vote. Differences between the Senate and House versions of a bill are resolved in joint conference committees.
After the House and Senate have approved a uniform version of the bill, the bill is sent to the President. If the President signs the bill, it becomes law. If the President vetoes the bill, it becomes law only if the Senate and House override the veto. This requires the consent of two-thirds of the members of the Senate and House.