Title: Sources of Law and Their Priority
Headings: 1.4
Sources of Law and Their Priority

1.4 Sources of Law and Their Priority
Learning Objectives
Sources of Law
Constitutions
Statutes and Treaties in Congress
Delegating Legislative Powers: Rules by Administrative Agencies
State Statutes and Agencies: Other Codified Law
Judicial Decisions: The Common Law
Priority of Laws
The Constitution as Preemptive Force in US Law
Statutes and Cases
Treaties as Statutes: The “Last in Time” Rule
Causes of Action, Precedent, and Stare Decisis
Key Takeaway
Exercises

Content: Rules by Administrative Agencies
Congress has found it necessary and useful to create government agencies to administer various laws (see Chapter 5 "Administrative Law" ). The Constitution does not expressly provide for administrative agencies, but the US Supreme Court has upheld the delegation of power to create federal agencies. Examples of administrative agencies would include the Occupational Safety and Health Administration (OSHA), the Environmental Protection Agency (EPA), and the Federal Trade Commission (FTC). It is important to note that Congress does not have unlimited authority to delegate its lawmaking powers to an agency. It must delegate its authority with some guidelines for the agency and cannot altogether avoid its constitutional responsibilities (see Chapter 5 "Administrative Law" ). Agencies propose rules in the Federal Register, published each working day of the year. Rules that are formally adopted are published in the Code of Federal Regulations, or CFR, available online at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html. State Statutes and Agencies: Other Codified Law
Statutes are passed by legislatures and provide general rules for society. States have legislatures (sometimes called assemblies), which are usually made up of both a senate and a house of representatives.