ABSTRACT

Chapter 1 provides an introduction to the US legal system as a federal government with sovereign states that use systems of their choice, all common law save for one that uses a civil code system. Discussed is the relationship between the federal government, constituent states, Indian tribes, and other entities that is defined in the Constitution. Provisions of the Constitution are discussed with those most relevant to agricultural law given emphasis. The tripartite structure of the federal government that includes an executive, legislative and judicial branches is discussed. Preemption of state law by federal law, concurrent federal and state authority, and exclusive state authority are explained by reference to provisions of the Constitution. The unique role of the Supreme Court in determining the constitutionality of legislation passed by Congress is explored. The role of administrative agencies is discussed with a brief history of the US Department of Agriculture set forth. Basic administrative procedure applicable to most federal agencies is explained. Judicial review of agency actions is discussed. The role of local governments in making law is noted.