Federal law is the body of law created by the

federal government A federation (also called a federal state) is an entity characterized by a political union, union of partially federated state, self-governing provinces, states, or other regions under a #Federal governments, federal government (federalism) ...

of a country. A federal government is formed when a country has a central government as well as regional governments, such as subnational states or

provinces A province is an administrative division within a country or state. The term derives from the ancient Roman , which was the major territorial and administrative unit of the Roman Empire's territorial possessions outside Italy. The term ''provi ...

, each with constitutionally entrenched powers. As a result, two or more levels of governments with constitutional powers exist within an established geographic territory. The body of law of the common central government is the federal law. Examples of federal governments include those of

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

Brazil Brazil, officially the Federative Republic of Brazil, is the largest country in South America. It is the world's List of countries and dependencies by area, fifth-largest country by area and the List of countries and dependencies by population ...

Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...

Germany Germany, officially the Federal Republic of Germany, is a country in Central Europe. It lies between the Baltic Sea and the North Sea to the north and the Alps to the south. Its sixteen States of Germany, constituent states have a total popu ...

Malaysia Malaysia is a country in Southeast Asia. Featuring the Tanjung Piai, southernmost point of continental Eurasia, it is a federation, federal constitutional monarchy consisting of States and federal territories of Malaysia, 13 states and thre ...

Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...

India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...

Russia Russia, or the Russian Federation, is a country spanning Eastern Europe and North Asia. It is the list of countries and dependencies by area, largest country in the world, and extends across Time in Russia, eleven time zones, sharing Borders ...

, the former

Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...

and the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

Australia

Brazil

Canada

Germany

India

Malaysia

Pakistan

Russia

United States

The

United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...

established through the supremacy clause that the United States Constitution and federal law take precedence over state law. These powers include the authority to govern international affairs, interstate commerce, the

currency A currency is a standardization of money in any form, in use or circulation as a medium of exchange, for example banknotes and coins. A more general definition is that a currency is a ''system of money'' in common use within a specific envi ...

and national defense. After the

American Civil War The American Civil War (April 12, 1861May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States between the Union (American Civil War), Union ("the North") and the Confederate States of A ...

, the Fourteenth Amendment applied the Constitution's Bill of Rights to state governments. Legislation passed by Congress, an executive order of the President, or a decision of federal courts pursuant to the Constitution is federal law. Through the system of checks and balances, it is the

Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...

that makes final decisions regarding federal laws regarding specific cases brought before them. '' McCulloch v. Maryland'' was a seminal case handed down by the Supreme Court in 1819 that prevented State legislatures from taxing federal institutions. This established the superior relationship that federal laws have with regard to conflicting State laws and was a critical moment for

federalism in the United States In the United States, federalism is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil W ...

. Federal laws are codified in the

United States Code The United States Code (formally The Code of Laws of the United States of America) is the official Codification (law), codification of the general and permanent Law of the United States#Federal law, federal statutes of the United States. It ...

Gravitational Force Theory

Professor Scott Dodson proposes a theory that argues that American federal law has some measurable effect on state law and compares this effect to a gravitational force that while not "inexorable", influences state actors to create legislature in accordance with or at least closely aligned with federal legislature. Dodson justifies the existence of this "pull" by arguing that state legislators and courts rarely exercise their constitutional power to deviate from Federal Law despite having the capability. He cited, among other supreme case decisions and legislative acts, the Federal Rules of Civil Procedure as being responsible for ushering, "in a new era of federal procedural uniformity" in 1938.

Proposed Case Evidence

Dodson points to the 1957 Conley v. Gibson Supreme Court decision as additional contextualization for his argument. This case was brought as a class-action lawsuit by a group of African American rail workers to a Federal District Court in Texas and stating that "their collective bargaining agent be compelled to represent them fairly" in accordance with the Railway Labor Act. The suit was initially dismissed on the basis that the complaint did not follow the previously set federal precedence of requiring a complaint "to state a claim upon which relief could be given". The Supreme Court later held that this decision was a mistake based on their subjective interpretation of the Federal Rules of Procedure. The Court prioritized Rule 8 while glossing over Rule 12 to establish a fairly liberating set of standards for pleading procedures that were then adopted by many state legislatures.

References

{{DEFAULTSORT:Federal Law Public law