Also known as:lex Angliae lex terrae est · law of the land · lex terrae
Written by attorneys · grounded in primary & secondary sources — see below
A Latin maxim declaring that the law of England constitutes the law of the land. It embodies the principle that established legal authority, including constitutional provisions and federal enactments made pursuant to them, operates as the supreme governing rule binding on all officials and courts.
Sources & Authorities
How it applies
Common Examples
6
Federal Treaty Obligation Controls State Action
Leonard Lowe, a U.S. citizen, challenges a state court order refusing to reopen his criminal case after a treaty violation. The federal treaty, once implemented, supplies the governing rule that state judges must follow despite contrary local procedure. The maxim requires the supreme federal authority to prevail over the state rule.
Presidential Memorandum Cannot Enforce Treaty
Lorenzo Lugo seeks to reopen his state conviction based on a non-self-executing treaty. The President issues a memorandum directing state courts to comply, but no implementing statute exists. The maxim confirms that only enacted federal law supplies the supreme rule that binds the courts.
Constitutional Liberty Overrides State Marriage Limits
Select any source to read its text and confirm it supports the definition.
Cases
Dictionaries
Landon Long and his partner seek a marriage license in a state that limits marriage to opposite-sex couples. The state statute conflicts with federal constitutional protections. The maxim requires the supreme constitutional rule to control and invalidate the conflicting state law.
Obergefell v. Hodges576 U.S. 644 (2015)
Federal Title Determination Binds State Courts
Laura Lewis claims title to land under a federal grant that a state court previously rejected. The state judgment conflicts with the federal determination of title. The maxim requires the supreme federal authority to govern the outcome in all courts.
Martin v. Hunter’s Lessee14 U.S. (1 Wheat.) 304 (1816)
Due Process Standard Governs Juvenile Proceedings
Levi Lowe faces delinquency charges in juvenile court where the state seeks to apply a lower standard of proof. The constitutional requirement of proof beyond a reasonable doubt applies. The maxim ensures the supreme due-process rule controls the adjudication.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Federal Bank Charter Prevails Over State Tax
Legacy Motors, operating under a federal charter, refuses to pay a state tax imposed on its operations. The state claims authority to tax all entities within its borders. The maxim requires the supreme federal law creating the charter to override the conflicting state tax.
McCulloch v. Maryland17 U.S. (4 Wheat.) 316 (1819)
Common questions
Frequently Asked
3
Does the maxim apply only to English common law or also to the U.S. Constitution?+
The maxim expresses the principle that established legal authority constitutes the supreme law of the land. In the United States it anchors the Supremacy Clause, making the Constitution, federal statutes made in pursuance of it, and treaties the governing rule that binds state judges and officials.
Supporting sources
Can a presidential memorandum give domestic effect to a non-self-executing treaty under the maxim?+
No. The maxim requires that only law made pursuant to constitutional processes supplies the supreme rule. Absent implementing legislation, a non-self-executing treaty lacks domestic legal effect, and the President cannot unilaterally direct state courts or agencies to enforce it.
Supporting sources
How does the maxim interact with state attempts to limit federal constitutional rights?+
The maxim requires federal constitutional protections to prevail. When state law conflicts with supreme federal authority, courts must apply the federal rule, as illustrated in cases involving marriage, title, due process, and federal charters.
Supporting sources
576 U.S. 644 (2015)Legislation and Regulation
…or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers and by the law of the land.” Magna Carta, ch. 39, in A. Howard, Magna Carta: Text and Commentary 43 (1964). Although the 1215 version of Magna Carta was in effect for only a few weeks, this provision was later…