Statutory Law

The Congress of the United States and federal legislatures are composed of elected representatives of the people. Acting on behalf of their citizens, these legislatures may enact new statutes.

All state legislatures have delegated some of their legislative authority to locale governments. Thus, towns, cities, and counties can legislate in their own geographic areas on matters over which the state has given them authority. This legislation is created by town or city council or by a county board or county commission. Legislation of this type is usually called an ordinance rather than a statute.

Administrative Law

The federal, state, and local legislatures all create administrative agencies.

Although they are created by legislatures, administrative agencies are usually operated by the executive branch of the government. Thus, the President, governor, or mayor will supervise the agency’s activities. For example, the US Congress created the Internal Revenue Service (IRS) (an agency) and directed that the President appoint and supervise the staff of the agency.

The rules and regulations established by an administrative agency generally have the force of law. Like statutes, the regulations can be reviewed by courts to determine whether they are constitutional. In addition, the courts may invalidate a rule or regulation if it is beyond the scope of powers delegated by the legislature.