Hierarchy of Laws In the United States

Many times, there are lawyers who are guiding the policies and rules of legal organizations. Their services to these organizations are valuable because they help them attune the core policies of the organizations with the existing laws and statutes of the land.

Companies hire lawyers not just to defend them in legal matters, but also to consult them whenever they make interoffice policies. Very harsh consequences can come if an organizations laws come into conflict with the laws of the land, or those that are promulgated by legislators from time to time. For this reason, the company lawyers need to be updated with the most recent laws passed by congress.

Hierarchy of Laws

In the United States, the Constitution is the highest law of the land. All laws that are passed by Congress must adhere to the principles and provisions of the Constitution. However, some provisions in the Constitution need enacting laws for them to gain force for implementation. Lawyers or legislators must craft laws that enable the Constitution to be implemented and enacted.

Lawyers know that the Constitution is the highest law of the land, and is the basis of all other laws made by congress and other entities. States laws must be in accord with the Constitution, otherwise, the Supreme Court may invalidate a law passed by a state if deemed unconstitutional. IF there are conflicts between state laws and the Constitution, it is the Constitution that must always prevail over the state laws.

Companies and the Laws of the Land

In the same way, company laws must adhere to Federal Law. For example, a company cannot enact an interdepartmental rule or policy that sets the salary of its employees below the minimum wage. Likewise, it cannot extend the working hours of employees that goes against the specified number of hours in the labor code. Lawyers must always advise companies on areas concerning labor because it is one of the most sensitive issues in society. A company may risk strikes if it does not follow basic laws laid down by the state and the federal government.

Federal Laws versus State Laws

The Constitution also encourages the autonomy of the state. Whenever a dispute arises in the power of the Federal Government versus the power of the State, lawyers and judges must interpret the law in favor of autonomy, especially in domestic concerns. However, when it comes to international trade, agreements, and foreign policies, the Federal Laws will always precede the State Laws.