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Fundamental Law
Laws that are specifically outlined in the U.S. Constitution and in state constitutions.
Statutory Law
Laws enacted by legislative bodies including the U.S. Congress, state legislatures, local legislative bodies, and the people through voter initiatives and referendums.
The fundamental laws of the U.S. Constitution are changed through the formal amendment process, through passage of statutory laws, as well as through informal methods outlined here and on the next page.
E XAMPLES & I LLUSTRATIONS C HARACTERISTICS
Purposeful Flexibility
The writers of the Constitution purposely left the framework of the government flexible to allow for changing times. Congress has added details to the framework in the form of new legislation. In other words,
Congress has elaborated on the fundamental laws of the Constitution.
Court of
Military Appeals
Supreme Court
12 Circuit Courts of Appeals
Court of Appeal for the Federal Circuit
The Constitution states that “The judicial power of the United States shall be vested in one Supreme Court, and in such inferior x 91 courts as Congress may, from time to time, ordain and establish.” With this instruction,
91 District Courts
Congress has established 12 Circuit Courts of Appeals, 91 Federal District
Courts in the U.S., as well as numerous other courts for specialized matters such as military affairs.
Congressional
Interpretation
Congress has also assumed the role of determining the intent of the framers by passing thousands of statutes. In doing so, Congress is interpreting the fundamental laws of the Constitution.
NO
FEDERAL
SPEED
LIMIT
1956
65
MPH
1965
Congress has interpreted the Commerce Clause very loosely in the passage of many bills. For instance, it has passed bills relating to speed limits on interstate highways, either establishing a national maximum speed or giving that authority back to the states, as it was at the start of the Interstate Highway
System in 1956.
55
MPH
1974
1996

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C
HARACTERISTICS
Presidents have acted to define their role outlined in the Constitution. In defining their role, presidents have added new laws and procedures to the process.
E
XAMPLES
& I
LLUSTRATIONS
Presidents are required to obtain Congressional approval for the signing of treaties with foreign nations. To circumvent the process, some presidents have made “executive agreements” with the leaders of other countries. In fact, executive agreements are now a more popular instrument of diplomacy than formal treaties.
Number of Treaties and
Executive Agreements
1789-1985
Treaties
Executive
Agreements
0
1789-1889
275
265
1890-1973
888
1974-1985
203
1,000 2,000 3,000 4,000
4,173
5,000
7,312
6,000 7,000 8,000
The role of the courts, especially the
U.S. Supreme Court, has been pivotal in the interpretation of the Constitution.
As the Court hears cases, it applies its interpretation of the Constitution.
Its decisions on cases become “case law,” which sets precedents for future cases. As times and conditions change, so too does the Court’s interpretation of the Constitution.
In the 1996 Miranda v. Arizona case, the Supreme Court decided that Ernesto
Miranda had been denied his constitutional rights by the police officers who arrested him because they failed to inform him of those rights. From that time forward, all police officers were required to read the
Miranda Rights before questioning a suspect.
You have the right to remain silent.
Anything you say can and will be used against you. You have the right to talk to a lawyer. If you cannot afford a lawyer, one will be provided for you if you so desire.
Many customs have developed over the years and established themselves in the government system. These customs have set precedents.
W a s h i ng t o n
W e d n esd
Although no term limits were set for the president by the framers of the Constitution, it was an unwritten rule that no one served more than two terms. Then Franklin Delano
Roosevelt won a third and fourth term in office. He died three months into his fourth term. (In 1951, the
22nd Amendment limited the number of terms to two.)