Jurisdiction

United States

Federal common law system built on constitutional supremacy

Overview

The United States operates a federal common law system founded on constitutional supremacy and judicial review. Legislative and judicial authority is divided between the federal government and the states, each maintaining its own court system and body of law. The Constitution of 1787, together with its amendments and the Bill of Rights, is the supreme law: courts may set aside legislation and executive action that conflicts with it. Precedent binds lower courts, so doctrine develops incrementally through reasoned judgments. The Supreme Court of the United States sits at the apex of the federal hierarchy and has final authority on questions of federal and constitutional law. Its constitutional jurisprudence — particularly on equality, due process and the separation of powers — has been widely studied and borrowed by other jurisdictions.

The archive currently holds 15 judgments catalogued under United States, spanning 39 areas of law.

Court structure

  1. Supreme Court of the United States
  2. United States Courts of Appeals (Circuit Courts)
  3. United States District Courts
  4. State supreme, appellate and trial courts

Landmark cases

Constitutional lawMarbury v. MadisonSupreme Court of the United States · 1803Constitutional lawMcCulloch v. MarylandSupreme Court of the United States · 1819Civil rightsBrown v. Board of EducationSupreme Court of the United States · 1954Criminal lawMiranda v. ArizonaSupreme Court of the United States · 1966Administrative lawChevron U.S.A. Inc. v. Natural Resources Defense CouncilSupreme Court of the United States · 1984Commerce ClauseGibbons v. OgdenSupreme Court of the United States · 1824Citizenship and federal jurisdictionDred Scott v. SandfordSupreme Court of the United States · 1857Free speech, clear and present dangerSchenck v. United StatesSupreme Court of the United States · 1919Equal protection, military necessityKorematsu v. United StatesSupreme Court of the United States · 1944Supremacy of Supreme Court decisionsCooper v. AaronSupreme Court of the United States · 1958Establishment ClauseEngel v. VitaleSupreme Court of the United States · 1962Abortion rightsRoe v. WadeSupreme Court of the United States · 1973Equal protection, affirmative actionRegents of the University of California v. BakkeSupreme Court of the United States · 1978Symbolic speechTexas v. JohnsonSupreme Court of the United States · 1989Sexual privacy, substantive due processLawrence v. TexasSupreme Court of the United States · 2003

Areas of law