Sources of U.S. Law

Introduction

Today, most Americans are rightfully proud of the fact that the United States is a land of laws, but many may not realize the multiple sources of the laws that routinely affect their daily lives (Lupu, 2013). To help address this constraint, the purpose of this paper is to provide a description of the major sources of law under the American system of jurisprudence and how these different sources of law either complement or conflict with one another. In addition, a hypothetical vignette that describes a potential conflict between federal and state law concerning the possession of medical cannabis products in Idaho is followed by a summary of the research and important findings concerning these issues in the papers conclusion.

Major Sources of Law

Far and away, the major source of law in the United States is the Constitution from whence all other laws, policies and regulations flow. In this regard, the Chicago Council of Lawyers (2022) emphasizes that, The U.S. founders learned from King George and others like him that they wanted and needed a country governed by the rule of laws, not of men. The Rule of Law in the United States does not begin with the President. It does not begin with any political party. It begins with our Constitution (The United States is a nation ruled by laws, not kings, 2022, para. 4). Likewise, state constitutions are also a primary source of law across the country. In addition, another prime source of laws in the United States is natural laws which are discussed below.

One of the other major sources of law in the United States today is natural law. The definition provided by Blacks Law Dictionary (1990) notes that the term natural laws is used to denote a system of rules and principles for the guidance of human conduct which [are] independent of an active law or the systems peculiar to any one people (p. 1026). In other words, natural laws take priority over manmade laws when they conflict. In this regard, one legal authority points out that Rogers Williams, the founder of Providence Plantations (which would later become Rhode Island), maintained that all political acts, which are not in accord with the natural law are merely acts of violence (as cited in Higdon, 2021, p. 85). In reality, many natural laws, such as the fundamental right to self-defense and the religious liberty, have long been formally codified into American jurisprudence (Higdon, 2021).

Other major sources of American law include administrative laws such as rules, regulations, directives or orders which are promulgated by the executive branch of the federal government (Sources of law, 2022). Executive orders and directives are issued by the U.S. president while rules and regulations are made by federal administrative agencies such as the Environmental Protection Agency (Sources of law, 2022). In addition, various statutes...

…was legally purchased in neighboring Montana. For instance, according to the Marijuana Policy Project (2022), Under current Idaho law, an individual charged with possession of up to an ounce of marijuana faces a year in jail and/or up to a $1,000 fine. Unfortunately, this draconian law hits minority communities the hardest (Idaho State Supreme Court, 2021, para. 5).

Indeed, African-Americans have historically been 400% more likely to be arrested and prosecuted for possession of marijuana in Idaho than their white counterparts (Idaho State Supreme Court, 2020). The mitigating factors of Joes service-connected disability and the legality of his purchase of cannabis products in neighboring Montana would likely help with having this charge dismissed or reduced in severity by a Idahoan court, the fact that these conflicting laws are still on the books underscores the need for nationwide harmonization of cannabis and other conflicting laws.

Conclusion

The major sources of law in the United States include federal and state constitutions, natural and administrative laws, and the common law (except for Louisiana which subscribes to the civil law). Although state and federal laws are generally aligned, in those cases where they conflict, the Constitutions Supremacy Clause stipulates that federal law will prevail. The research also showed that determining the appropriate venue for adjudicating a case is known as classification or characterization and this determination is needed when laws conflict. Finally, the research also showed that justice is not always served when conflicts of law do occur,…