Federal law

Australia

Main article: Australian legal system

Brazil

Main article: Law of Brazil

Canada

Main article: Law of Canada

Germany

Main article: Law of Germany

India

Main article: Law of India

Malaysia

Main article: Law of Malaysia

Pakistan

Main article: Law of Pakistan

Russia

Main article: Law of Russia, Law of the Soviet Union

United States

Main article: Law of the United States

The United States Constitution 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 and national defense. After the American Civil War, 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 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. Federal laws are codified in the United States Code.

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

References

1. Dodson, Scott. (2016). "THE GRAVITATIONAL FORCE OF FEDERAL LAW". University of Pennsylvania Law Review.
2. "Conley v. Gibson, 355 U.S. 41 (1957)".
3. Dodson, Scott. (2016). "THE GRAVITATIONAL FORCE OF FEDERAL LAW". University of Pennsylvania Law Review.