Lecture Notes on Federalism and the Hierarchy of American Law

A set of vocabulary flashcards covering the hierarchy of laws, federalism, and related legal concepts from the lecture notes.

Constitution (U.S.)

The supreme law of the United States that establishes the framework of the federal government and sits at the top of the legal hierarchy.

Supremacy Clause

Federal law is the supreme law of the land; when federal statutes or treaties conflict with state law, the federal law prevails.

Federal statutes

Laws enacted by Congress; sit below the Constitution in the federal hierarchy and can override prior statutes and, in some cases, common law.

Treaties

Agreements made under the Constitution that are part of federal law and rank below the Constitution in the hierarchy.

Federal executive orders

Directives from the President within the executive branch; can conflict with statutes and are limited by constitutional authority.

Administrative agencies

Federal agencies (e.g., SEC, FDA, OSHA) that pass regulations and enforce statutes within their subject areas.

State constitutions

Constitutions for individual states establishing a separate legal umbrella under the federal Constitution; subordinate to federal law.

State statutes

Laws enacted by state legislatures; subordinate to the state constitution and can supersede common law within the state.

Ordinances

Local laws enacted by counties or municipalities; subordinate to state and federal law.

Common law

Law developed by judges through court decisions; can be superseded by statutes or regulations.

Statutory construction

Judicial interpretation of ambiguous statutory terms to determine legislative intent, often clarifying definitions (e.g., what counts as a "dwelling").

Uniform codes

Model Codes created by scholars to standardize practices; adopted by many states as best practice, but not themselves statutory law.

Judicial branch

Branch of government that interprets laws and checks other branches to ensure constitutionality.

Legislative branch

Branch that makes laws (Congress and state legislatures); enacts statutes to clarify or create law and can override prior law.

Executive branch

Branch that enforces laws (President, governors); can issue executive orders and is subject to judicial review and statutory limits.

Amendment process

Hard process to change the Constitution: requires two-thirds vote in both houses and ratification by three-quarters of the states within a deadline.

Bill of Rights

The first ten amendments; protect individual rights and are enforceable against both federal and state governments.

Equal Rights Amendment (ERA)

Proposed constitutional amendment intended to guarantee equal rights; did not achieve ratification by the deadline; potential court issues discussed.

Federalism

Division of power between national and state governments; designed to prevent concentration of power and grounded in government by the people.

Preemption

Federal law can displace state or local law when there is a conflict, reflecting federal supremacy in the hierarchy.

Checks and balances

System where each branch can limit the powers of the others to prevent the rise of a single dominant authority.