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Where Do Laws Come From?

Fairfax Injury Lawyer Brien Roche Addresses Where Do Laws Come From

Brien Roche

Our laws come from a number of different sources. In particular, they come from the Constitution, at either the federal level or the state level, they come from the U. S. Congress at the federal level or state general assemblies at the state level. They come from court decisions either at the federal level or the state level. They also come from administrative agencies again either at the federal level or state level.

Where Do Laws Come From-Federal Laws vs State Laws

To some extent there can be a conflict between federal law and state law. Typically to the extent that there is any conflict between federal law and state law then federal law controls. That is, however, not always the case because the federal government was intended by our founding fathers to be a government of limited authority or limited jurisdiction. As such, the federal government cannot necessarily legislate or pass laws on every topic that effects us. The state governments, however, have general authority to pass legislation. The restrictions on state legislation whether it be from a legislative body, an administrative body or from a Court, is that in general it cannot conflict with federal law.

Where Do Laws Come From-Learn More

See Brien Roche’s book Law 101 published by Sphinx Publishing for more information on this subject.

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Where Do Laws Come From?

Contact Us For A Free Consultation

Contact Us For A Free Consultation