Also known as: acts of Congress · congressional act
Written by attorneys · grounded in primary & secondary sources — see below
A statute formally passed by both houses of Congress and presented to the President for signature or enacted over a veto in accordance with Article I of the Constitution.
Congress enacts a statute creating an executive board with power to sanction investment firms and declaring its actions unreviewable. Horizon Capital, a sanctioned firm, sues in federal court. The court must decide whether the statute itself conforms to constitutional limits on legislative power.
Alice Atkins sues Artemis Logistics in state court under a federal consumer statute. Artemis files a notice of removal to the district court for the district where the action is pending. The removal is permitted because no contrary act of Congress bars it.
Select any source to read its text and confirm it supports the definition.
A state refuses to recognize same-sex marriages performed under a federal recognition statute. Same-sex couples sue state officials. The court must determine whether the act of Congress validly requires recognition by the states.
A state statute prohibits married couples from using contraceptives. A physician challenges the law as conflicting with a federal privacy statute. The court assesses whether the act of Congress preempts the state prohibition.
A juvenile faces delinquency charges in federal court. The government seeks to prove the offense by a preponderance of the evidence under an existing statute. The court requires proof beyond a reasonable doubt because an act of Congress cannot lower the constitutional standard.
An individual receives a signed commission but the Secretary of State withholds delivery under a later statute. The appointee sues for mandamus. The court must decide whether the act of Congress can override the constitutional appointment process.
A bill becomes an act of Congress after passage by majority vote in both the House and Senate, followed by presentment to the President for signature or enactment over a veto.
No. Courts retain authority to determine whether any act of Congress itself complies with the Constitution, even when the statute attempts to bar review of agency actions taken under it.
An act of Congress may permit removal when the case falls within original federal jurisdiction, but the statute expressly allows removal unless another act of Congress provides otherwise.
An act of Congress cannot authorize the President to withhold funds that the statute itself mandates be spent, because the Take Care Clause requires faithful execution of legislative commands.
…former capacity he is compellable by mandamus to do his duty; in the latter he is not. This distinction is pointed out by two acts of Congress upon this subject. The first act, passed 27 July 1789, established an executive department denominated the Department of Foreign Affairs and appointed a principal officer to perform duties…