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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 sources. They come from the U.S. and state Constitutions. They come from the U. S. Congress at the federal level. Also they come from state general assemblies at the state level. They come from court decisions either at the federal level or the state level. They come from administrative agencies again either at the federal or state level.

Where Do Laws Come From-Federal Laws vs State Laws

There can be a conflict between federal law and state law. To the extent that there is any conflict then federal law may control. In other words if the U.S. has asserted authority in an area then it controls. The U.S. was intended by our founding fathers to be a limited government. As such, the U.S. cannot pass laws on every topic. However the state governments have general authority to pass laws. The states cannot override the U.S. when the U.S. has asserted control over an issue. Therefore when the U.S. acts it is supreme. Its authority can only be challenged in the U.S. courts.

Where Do Laws Come From-Learn More

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

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Where Do Laws Come From?

Contact Us For A Free Consultation

Contact Us For A Free Consultation