Also known as: statute making · statute-maker · legislation · law-making
Written by attorneys · grounded in primary & secondary sources — see below
The process by which a legislative body enacts statutes. The resulting statutes carry the force of law when enacted pursuant to constitutional authority.
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Congress passes a statute requiring states to permit women to register to vote in all federal elections. Simone Sanders, a state election official, refuses to implement the new registration procedures for female applicants. A federal court upholds the statute as a valid exercise of enforcement power under the amendment.
The legislature enacts a statute declaring that any agreement to pay a bribe for a government contract is unenforceable. Sapphire Technologies enters such an agreement with a local official and later sues for payment. The court refuses to enforce the promise because the statute renders it contrary to public policy.
Congress enacts a statute prohibiting private racial discrimination in the sale of real property. Santiago Sanchez, a Black buyer, is refused a home sale by a private seller on racial grounds. The statute applies directly to the private transaction and supports a federal claim.
A state statute bars landlords from refusing tenants on the basis of race. Skyline Construction owns an apartment building and rejects Samantha Stone's application solely because of her race. The statute limits the owner's freedom to select tenants and subjects the refusal to liability.
Congress passes a statute authorizing federal observers to monitor voting in jurisdictions with histories of racial discrimination. Solomon Silver, a local registrar, attempts to block the observers. The statute supplies the enforcement mechanism under the amendment and overrides the local resistance.
A statute declares that agreements restraining trade are unenforceable. Spectrum Financial signs a noncompete that exceeds reasonable limits. The court refuses enforcement because the statute supplies the public policy against the term.
Congress draws on explicit enforcement clauses in amendments such as the Thirteenth, Fourteenth, Fifteenth, and Nineteenth. These clauses authorize appropriate legislation to carry out the substantive guarantees.
A term becomes unenforceable when legislation expressly declares it void or when the interest in enforcement is clearly outweighed by public policy reflected in the statute.
Congress may enact statutes that reach purely private racial discrimination in property transactions because such conduct constitutes a badge or incident of slavery.
…726, purported to sound the death knell for the doctrine of substantive due process, which had been applied to strike down state legislation concerning economic matters. In the 1960's and 1970's, however, the Court has given renewed life to the due process clause by using it to strike down state legislation in the areas of…