ABSTRACT
The United States has a constitution-based federal government that operates within a framework of parallel federal and state systems (United States Courts, n.d.). At the federal level, federal authority is limited to explicitly ‘enumerated powers,’ including levying taxes, regulating commerce, establishing immigration laws, managing the postal system, establishing federal courts below the Supreme Court, punishing piracy and international crimes, maintaining a military, declaring war, and creating laws for District of Columbia (Steenken & Brooks, n.d.). Conversely, state governments retain residual powers not delegated federally, such as police powers to protect public safety, health, and welfare. Each state has its unique legal system based on its specific legal sources and court system, which allows states to autonomously address regional issues and serve as laboratories for policy experimentation. Both federal and state governments share concurrent powers within a particular jurisdiction, creating a decentralized, multifaceted network of legal sources (constitution, statutes, rules, regulations, and case law) (Erler, 1986/1992). Federal laws take precedence over conflicting state laws when conflicts arise between legal sources. The hierarchy of legal sources within a particular jurisdiction typically identifies the following, in order of decreasing authority: (1) constitutions, (2) statutes, (3) court opinions, and (4) administrative regulations.
