B LAW 341 Lecture Notes - Lecture 1: Precedent, Federal Register, Statutory Law
Document Summary
Primary sources: executed by the executive branch; law that is binding on everyone. Constitutional law: conveys some power to federal gov and leaves everything else to the states (state constitutions have to work within federal ones) Statutory law: laws created by legislatures in congress; federal legislative enactments always win over state laws. Preemption: when there"s a conflict between federal and state law. Uniform law: most states have state and local legislative enactments in their own forms. Notice and comment rulemaking (admin procedure act): agency proposes a substantive rule (affects something) in federal. Register, public comments, agency responds to comments and issues final rule; Not applicable for agency procedures or policy statements. Congressional review act of 1996: congress can vote to disapprove rules issued within 60 days (can"t be filibustered but can be vetoed); congress can also rewrite the law. Executive memoranda: not listed in federal register but have similar effects as executive orders.
