Talk Elections

General Discussion => Constitution and Law => Topic started by: A18 on November 23, 2004, 10:54:36 PM



Title: Is this every federal law?
Post by: A18 on November 23, 2004, 10:54:36 PM
http://www.gpoaccess.gov/uscode/

Is every federal law in the United States Code?


Title: Re: Is this every federal law?
Post by: True Federalist (진정한 연방 주의자) on November 23, 2004, 11:52:41 PM
No.

If you want every Federal Law, you have to go to the United States Statutes at Large.  However,  those laws that act on a continuing basis of general interest are classified to the United States Code.  So budget bills, laws that tell the executive to name some federal building after someone, etc., don't get put in the code.

There is also the Code of Federal Regulations, the Harmonized Tarriff Schedule, and the Treaties and Other International Acts Series.


Title: Re: Is this every federal law?
Post by: A18 on November 24, 2004, 12:11:39 AM
Thanks. :) But any Act of significance is generally going to be an amendment to the United States Code, correct?


Title: Re: Is this every federal law?
Post by: True Federalist (진정한 연방 주의자) on November 24, 2004, 01:08:04 AM
Depends on the law.  Some portions of the Code are what are known as positive law and so amendments to those portions of the law are made by directly citing the relevant code. Others aren't so it gets more complicated for those because then the US Code only serves as an index into the real law and so to amend those would require amending the underlying Statute at Law, not the US Code directly.  Generally, the amending law tries to be helpful and assign a suggested position in the US Code in such cases, but it isn't an absolute requirement.


Title: Re: Is this every federal law?
Post by: A18 on December 01, 2004, 04:23:32 AM
So is statute amended or is new statute added?


Title: Re: Is this every federal law?
Post by: True Federalist (진정한 연방 주의자) on December 01, 2004, 03:01:14 PM
It all depends on what the law is trying to do and where it would go in the code.  In theory, they could even create new titles, but except for merging Title 34, Navy with Title 10, Army and Air Force to form Title 10, Armed Forces in 1956, they've stuck with the 50 titles established when the United States Code was first published in 1926.


Title: Re: Is this every federal law?
Post by: Bono on December 01, 2004, 04:38:48 PM
 U. S. Statutes at Large (http://memory.loc.gov/ammem/amlaw/lwsl.html).


Title: Re: Is this every federal law?
Post by: A18 on December 01, 2004, 04:42:08 PM
All of that's from the 1800s. What about modern statutes?


Title: Re: Is this every federal law?
Post by: Bono on December 01, 2004, 04:58:23 PM
U. S. Statutes at Large (http://www.archives.gov/federal_register/publications/statutes.html)


Title: Re: Is this every federal law?
Post by: True Federalist (진정한 연방 주의자) on March 01, 2015, 10:48:59 PM
Finally found a site that has all of the old Statutes at Law

http://constitution.org/uslaw/sal/sal.htm (http://constitution.org/uslaw/sal/sal.htm)

The other two links provide no coverage for 1876-1950, this one covers up till early 2013.


Title: Re: Is this every federal law?
Post by: Swedge on February 27, 2016, 12:16:59 PM
I'm afraid not.


Title: Re: Is this every federal law?
Post by: The_Doctor on May 18, 2017, 10:45:00 PM
out of curiosity, how are old statutes treated? If an 1840 statute was on the books, do judges still treat that as existing law or do we hold they are not necessarily applicable? (Even though, de jure, they do?)

I've been fascinated at how the legal system treats the old outdated laws that no longer really operate. I know that sodomy was technically on the South's books but they were considered antiquated law by the early 2000s.


Title: Re: Is this every federal law?
Post by: jacobmeteorite on April 25, 2019, 12:37:38 PM
Hmmm I wonder what the oldest statute is


Title: Re: Is this every federal law?
Post by: HokeyPokey on October 08, 2020, 10:16:55 AM

Is every federal law in the United States Code?
[/quote]

Yes, they are. With one MAJOR caveat, which is the intersection of the Legislative and Administrative branches of Government.  This is where the US code, intersects with the Code of Federal Regulations, Administrative rulings, and Letters of Opinion.

The Tax code is probably the easiest to understand; in that the Federal Statutes are pretty simply to understand, but when you add just the Letters of Opinion -- you enter the Twilight Zone.  This is because anyone can write a letter to an Administrative Agency and ask if their interpretation of a Statute, or Administrative Rule is permissible.  

Basically, the application of a good majority of statutes are subjective rather than objective in nature.

Cheers



Title: Re: Is this every federal law?
Post by: True Federalist (진정한 연방 주의자) on October 08, 2020, 03:03:30 PM
Hmmm I wonder what the oldest statute is

The very first act passed by Congress under the Constitution, concerning the administration of oaths of office for various offices, is still on the books, codified in the U.S. Code in various places depending upon the office. I doubt if any statues are on the books from the Confederation, tho I suppose it would be possible for a land title case in the old Northwest or Southwest Territories to make use of such an old law.


Title: Re: Is this every federal law?
Post by: jimrtex on January 20, 2021, 12:00:17 AM
Hmmm I wonder what the oldest statute is

The very first act passed by Congress under the Constitution, concerning the administration of oaths of office for various offices, is still on the books, codified in the U.S. Code in various places depending upon the office. I doubt if any statues are on the books from the Confederation, tho I suppose it would be possible for a land title case in the old Northwest or Southwest Territories to make use of such an old law.
The supposed reason that Texas can't secede is because the AOC created a perpetual Union and the Constitution made it a more perfect Union.


Title: Re: Is this every federal law?
Post by: NYDem on February 07, 2021, 05:04:48 AM
Hmmm I wonder what the oldest statute is

The very first act passed by Congress under the Constitution, concerning the administration of oaths of office for various offices, is still on the books, codified in the U.S. Code in various places depending upon the office. I doubt if any statues are on the books from the Confederation, tho I suppose it would be possible for a land title case in the old Northwest or Southwest Territories to make use of such an old law.

This is an interesting question that hasn't been touched upon much, mostly because of the Congress of the Confederation's failure to do anything. However, I think that laws passed under the Confederation would continue to have effect unless repealed under the Constitutional government. I was able to find a paper some time ago discussing the Resolutions passed by the Confederate Congress. I believe there were only 25 in total. In the morning I'll try to find it and post it here.


Title: Re: Is this every federal law?
Post by: NYDem on August 01, 2022, 10:25:39 AM
Just bumped into this thread again and realized that I never posted the link I mentioned in my last post. I'm pretty sure this was it: https://www.jstor.org/stable/846083

It covers "Ordinances" in particular, and not "Resolutions" of the Conrgess of the Confederation.