1.1 Sources of Law and Legal Hierarchy

The U.S. legal system draws from various sources, including constitutional, statutory, administrative, and case law. These sources form a hierarchy, with the U.S. Constitution at the top, followed by federal and state laws, regulations, and local ordinances.

Healthcare laws operate at both federal and state levels, with federal laws setting broad policies and state laws addressing specific delivery aspects. The creation of healthcare laws involves legislative processes, administrative rulemaking, and judicial interpretation, all of which shape the regulatory landscape for healthcare providers and patients.

Sources of Law in the U.S. Legal System

Sources of U.S. law

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  The Dual Court System | American Government View original

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  Chapter Three: Courts in the United States – CRIMJ 100 View original

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• Constitutional law forms foundation of legal system through Federal Constitution and State constitutions
• Statutory law created by legislative bodies includes Federal statutes (Affordable Care Act), State statutes, and Local ordinances
• Administrative law developed by government agencies encompasses Federal agency regulations (HIPAA rules) and State agency regulations
• Case law (common law) established through Federal court decisions (Roe v. Wade) and State court decisions
• Executive orders issued by President or state governors direct government actions
• Treaties with other nations become part of U.S. law when ratified

Hierarchy of legal authority

• U.S. Constitution reigns supreme, overrides all other laws
• Federal laws and regulations follow, including statutes (Civil Rights Act) and agency regulations (FDA guidelines)
• State constitutions govern state-specific matters
• State laws and regulations address local concerns through statutes and agency rules
• Local laws and ordinances deal with community-specific issues (zoning regulations)
• Case law interpretations by courts clarify and apply laws to specific situations
• Healthcare impacted through preemption of lower laws, compliance requirements for providers, and patient rights protections

Federal vs state healthcare laws

• Federal laws apply nationwide, set broad policies (Medicare, Medicaid)
• State laws vary by jurisdiction, address specific delivery aspects (nurse-to-patient ratios)
• Concurrent jurisdiction areas where both apply, state laws may be more stringent but not contradictory

Process of law creation

• Legislative process:

1. Bill introduction
2. Committee review
3. Floor debates and votes
4. Reconciliation between chambers
5. Executive signature or veto

• Administrative rulemaking involves notice of proposed rule, public comment, final publication
• Judicial interpretation develops case law, establishes precedents, interprets statutes
• Healthcare application through specific legislation, regulatory agencies' role (CDC guidelines), court decisions shaping policy