Uniformity of Federal Law
Uniformity in federal statutory law is critical to promoting uniformly consistent results in the federal and state courts. There are several examples which demonstrate the need to have uniform application. Insurance, food processing, health care, criminal law, civil law and civil rights, are but a few areas where uniform federal law is necessary to promote or safeguard the rights or health of Americans.
Other People Are Reading
-
Federal System
-
While it is true that each state has the authority conveyed to them by the U.S. and state constitution, there are limitations of that authority. Some areas of the law are shared by state and federal jurisdiction while others areas have created inconsistent legal results in the American federal legal system, suggests Cornell University Law School. The federal government moved in 1933 for more uniform consistency with passage of the federal Securities Act.
Uniformity of Food Protection
-
One of the most crucial areas for uniformity of federal law is the need for national standards regarding food laws. "Food traveling in interstate commerce frequently required manufacturers to meet different nutrition labeling and/or safety standards in different states, creating additional expense and confusion," according to the National Agricultural Law Center. The passage by Congress of the 1990 Nutrition Labeling and Education Act mandated that all states and local governments' provisions that were not consistent with federal standards be preempted.
-
Cooperative Federalism
-
One approach to establishing uniformity of federal law has been the practice of cooperative federalism. This effort has allowed states to implement as well as enforce federal regulatory programs and standards, yet, "leave state agencies with discretion to implement the federal law or supplement it with more stringent standards," according to the University of Colorado Law School.
-
