Last updated 3 months ago. Our resources are updated regularly but please keep in mind that links, programs, policies, and contact information do change.
How American Laws Are Made and Work
Statutes and regulations are the ground rules governing American society. From the air we breathe to the products we buy, these legal instruments shape our interactions and define our responsibilities.
This article explains what they are, how they come into existence, and why knowing the difference matters for every citizen.
The U.S. government divides lawmaking between Congress (for broad policy) and agencies (for detailed implementation). This balance ensures laws are both democratically legitimate and practically implementable.
What is a Statute?
The Laws Made by Your Elected Representatives
Statutes are formal written laws enacted by the legislative branch of government. At the federal level, they’re passed by the U.S. Congress.
Often called “acts” or compiled into “codes” (like the United States Code), statutes create the basic framework for our legal system.
The U.S. Constitution stands as the supreme law of the land – all federal statutes must comply with its provisions. If a statute conflicts with the Constitution, it can be challenged and potentially thrown out.
Similarly, federal statutes generally overrule state laws in areas where the federal government has authority.
Who Makes Statutes?
In the U.S. federal system, the power to create statutes belongs to Congress, which consists of the House of Representatives and the Senate.
The Constitution grants this lawmaking authority in Article I, Section 8. For a statute to become law, it typically needs approval from both chambers.
How a Bill Becomes a Federal Statute
Creating a federal statute involves multiple steps designed for thorough consideration:
- A bill (legislative proposal) is introduced in either the House or Senate.
- The bill is referred to relevant committees with subject matter expertise. Committee members research, hold hearings, discuss details, and propose amendments.
- If approved in committee, the bill is “reported” to the full chamber for debate and a vote.
- If the House and Senate pass different versions of the same bill, a conference committee works to create a compromise version both chambers must approve.
- Once identical versions pass both chambers, the bill goes to the President, who can:
- Sign it, making it law
- Veto it (Congress can override with a two-thirds vote in both chambers)
- Take no action (after ten days while Congress is in session, it becomes law automatically)
- After becoming law, it receives a Public Law number (e.g., P.L. 117-2) and is published as a slip law.
- These laws are then compiled chronologically in the United States Statutes at Large.
- Finally, most federal statutes of a permanent nature are organized by subject in the United States Code (U.S.C.), making them easier to find and reference.
This complex journey ensures laws receive careful consideration and broad consensus before enactment. The deliberate nature of this process is why statutes often establish broad frameworks rather than detailed rules – it’s impractical for hundreds of legislators to agree on every technical detail.
The systematic organization of these laws into the U.S. Code transforms what would otherwise be a daunting chronological archive into a usable body of current law for citizens, legal professionals, and government officials.
What is a Regulation?
The Detailed Rules That Implement the Law
Regulations are specific rules issued by governmental agencies to implement, interpret, and enforce the broader laws passed by Congress.
While statutes provide general mandates, regulations supply the detailed “how-to” instructions to carry them out. For example, a statute might require clean drinking water, but EPA regulations specify permissible contaminant levels and testing procedures.
Regulations have the full force of law – violating a regulation can lead to penalties, just like violating a statute. They bring flexibility and efficiency to the application of laws, containing the practical provisions that give statutes their real-world impact.
Who Makes Regulations?
Federal regulations are created by specialized federal agencies within the executive branch, such as the Environmental Protection Agency (EPA), Food and Drug Administration (FDA), or Department of Labor.
Congress delegates authority to these agencies through statutes, recognizing that lawmakers often lack the technical expertise or capacity to address every detail in complex areas. This delegation allows for more nimble and technically sound rulemaking by experts in specific fields.
How Federal Regulations Are Created
The process for creating federal regulations, known as rulemaking, is primarily governed by the Administrative Procedure Act (APA). This process typically involves:
- Initiating Action: An agency decides to create or modify a regulation based on a new statute, court order, presidential directive, or its own determination that a rule is needed. Before formally starting, the agency evaluates alternative solutions and whether the benefits of a new regulation justify the costs.
- Preparing the Proposed Rule: The agency drafts the regulatory text. Major rules are typically reviewed by the Office of Management and Budget (OMB), specifically its Office of Information and Regulatory Affairs (OIRA).
- Publishing the Proposal: The agency publishes a Notice of Proposed Rulemaking (NPRM) in the Federal Register, explaining the need for the rule, its legal authority, and the proposed text.
- Public Comment Period: The agency provides time (usually 30-60 days) for anyone to submit comments on the proposal via Regulations.gov. This period allows individuals, businesses, non-profits, academic institutions, and government entities to voice opinions, provide data, and suggest alternatives.
- Review and Finalization: The agency is legally required to consider all relevant comments submitted. Based on these comments and further review, the agency may issue the rule as proposed, modify it, or withdraw it. Significant final rules typically undergo OMB/OIRA review.
- Publication: The final rule is published in the Federal Register, including its effective date and a preamble that discusses the agency’s reasoning, responds to significant public comments, and explains any changes from the proposed rule.
- Codification: Once in effect, the regulation is organized by subject and published in the Code of Federal Regulations (CFR). The CFR is the official compilation of all federal regulations currently in force, divided into 50 titles representing broad areas subject to federal regulation.
The public comment requirement serves as a critical check on agency power. Since agencies are part of the executive branch and their leaders are typically appointed rather than elected, these procedures ensure transparency and accountability in a process that creates legally binding rules.
The Federal Register and Code of Federal Regulations are not mere bureaucratic formalities. They are critical pillars of regulatory transparency, allowing the public to track new rules and access current regulations organized by subject matter.
Statutes vs. Regulations: Key Differences
Though both statutes and regulations are binding forms of law, they differ in important ways:
Creator, Scope, and Detail
- Creator: Federal statutes come from Congress (elected officials); federal regulations come from executive branch agencies (appointed experts).
- Scope: Statutes establish broad policies and goals; regulations focus on specific details and procedures to implement those goals.
- Detail: Statutes are written in more general terms; regulations provide specific technical requirements and standards.
For example, a statute might mandate safe workplaces, while OSHA regulations would specify detailed requirements for machine guarding, hazard communication, and protective equipment.
The Relationship Between Statutes and Regulations
There’s a clear hierarchy between statutes and regulations:
- Statutes derive authority directly from the Constitution.
- Regulations derive authority from statutes that grant agencies power to issue them.
- Any regulation must be consistent with its authorizing statute and the Constitution.
- If a regulation conflicts with either, it can be challenged in court and invalidated.
Statutes need regulations to become fully operational, while regulations are invalid without proper statutory basis. Neither can fully function alone in complex areas of modern governance.
A statute without implementing regulations might be an unenforceable aspiration, while a regulation without proper statutory authority represents an unlawful exercise of agency power.
Building a House: A Helpful Analogy
Think of the relationship between statutes and regulations like building a house:
- The Statute (The Law passed by Congress): Similar to the main blueprint for a house. It might specify “A three-bedroom, two-bathroom residence shall be constructed. The structure must be safe, habitable, and energy-efficient.” This sets the overall objective and general standards.
- The Regulations (The Rules made by an Agency): Like the detailed building codes that contractors must follow. These specify:
- The exact type and spacing of electrical wiring required to meet the “safe” standard
- The minimum insulation values needed for “energy-efficient” and “habitable” conditions
- Specific plumbing standards to ensure clean water and proper waste disposal
The blueprint (statute) provides the vision, but it’s the building codes (regulations) that provide the specific rules builders must follow to construct the house safely and legally.
The Building Department (the agency) uses its specialized knowledge to write these detailed codes, all based on the authority and directives given by the overarching blueprint (the statute).
Statutes vs. Regulations at a Glance
| Feature | Statutes | Regulations |
|---|---|---|
| Primary Creator | U.S. Congress (Legislative Branch) | Federal Agencies (Executive Branch) |
| Creation Process | Legislative Process (Bill to Law) | Rulemaking Process (APA, Notice & Comment) |
| Source of Authority | U.S. Constitution | Statutes (passed by Congress) |
| Nature/Scope | Broad policy, general principles | Specific details, technical requirements, procedures |
| Primary Publication (New) | Slip Laws, U.S. Statutes at Large | Federal Register |
| Codification (Current) | United States Code (U.S.C.) | Code of Federal Regulations (CFR) |
| Example | Clean Air Act (establishes air quality goals) | EPA rules on specific pollutant limits for power plants |
Laws in Action: Real-World Examples
The Clean Air Act and EPA Emission Standards
The Clean Air Act (CAA) is a federal statute first passed by Congress and significantly amended in 1970 and 1990. Found in Title 42, Chapter 85 of the United States Code, it establishes a framework for protecting air quality and the ozone layer.
The CAA directs the EPA to establish national air quality standards, requires states to develop plans to meet these standards, and sets standards for emissions from various sources like power plants and factories.
To implement these broad mandates, the EPA issues detailed regulations found in Title 40 of the Code of Federal Regulations. For example:
- The CAA requires the EPA to set emission standards for vehicles. EPA regulations specify the exact permissible levels of pollutants like hydrocarbons, carbon monoxide, nitrogen oxides, and particulate matter for different vehicle types. These regulations also detail the testing procedures manufacturers must use to demonstrate compliance.
- The CAA requires states to develop implementation plans to attain national air quality standards. EPA regulations outline the required elements of these plans and the process for EPA approval.
- The CAA establishes a permitting program for major pollution sources. EPA regulations specify the application requirements, public participation procedures, and compliance obligations for these permits.
Without these specific regulatory details, the CAA’s broad goals would be difficult to translate into concrete actions and measurable improvements in air quality.
The Americans with Disabilities Act and Accessibility Standards
The Americans with Disabilities Act (ADA) of 1990 is a civil rights statute prohibiting discrimination against individuals with disabilities. Found at 42 U.S.C. § 12101 et seq., it covers employment (Title I), state and local government services (Title II), public accommodations (Title III), telecommunications (Title IV), and miscellaneous provisions (Title V).
To implement the ADA’s broad mandates, multiple federal agencies issue specific regulations:
- The Department of Justice issues regulations for Title II (covering state and local governments) and Title III (covering public accommodations like restaurants, hotels, stores, and doctor’s offices).
- The Department of Transportation issues regulations related to accessible transportation.
- The Equal Employment Opportunity Commission issues regulations for Title I (employment).
These regulations include the ADA Standards for Accessible Design, which provide detailed technical specifications for making buildings and facilities accessible. These include requirements for ramp slopes and handrails, doorway widths, accessible parking space dimensions and signage, restroom fixture heights and clear floor space, and accessible routes.
They translate the ADA’s general prohibition against discrimination into concrete, enforceable standards. For example, the statute says public accommodations must be accessible; the regulations define exactly what “accessible” means in terms of physical measurements and design features.
This example demonstrates how a single statute can authorize multiple agencies to issue regulations covering different aspects of the law, each bringing its specialized expertise to bear. Understanding a comprehensive law like the ADA requires consulting not only the statute itself but also the detailed regulations issued by several different agencies.
Where to Find Federal Statutes and Regulations Online
In today’s digital age, accessing federal laws and regulations is easier than ever. Official government websites provide free public access to these important legal documents.
This online availability represents a significant democratization of legal information, moving it from a domain once primarily accessible through physical law libraries or costly commercial subscriptions to a public resource available to anyone with internet access.
Finding Federal Statutes: The United States Code
The United States Code (U.S.C.) is the official collection of general and permanent federal statutes, organized by subject into 53 numbered titles. It’s prepared by the Office of the Law Revision Counsel of the U.S. House of Representatives and published by the Government Publishing Office (GPO).
Official online sources include:
- GovInfo (Government Publishing Office): Provides access to the U.S. Code from 1994 forward. Users can search by keyword, citation, public law number, or browse by title and section.
- Office of the Law Revision Counsel (U.S. House of Representatives): Offers the most up-to-date version of the U.S. Code with robust search capabilities. It allows users to download entire titles or chapters and includes useful classification tables showing where recent laws will appear and which sections have been amended.
The official print version is published every six years, with annual cumulative supplements in between. The online versions, particularly from the Law Revision Counsel, provide the most current statutory language.
Finding Federal Regulations: The CFR and Federal Register
For federal regulations, there are two primary publications:
- The Code of Federal Regulations (CFR): The official compilation of all current federal regulations, divided into 50 titles by subject area. Each title is updated once per calendar year on a staggered basis. Online sources include:
- GovInfo: The official, authenticated version from 1996 to present
- eCFR (Electronic Code of Federal Regulations): A continuously updated unofficial compilation that’s generally the most current version available online
- Library of Congress: Historical editions (1938-1995) for research purposes
- The Federal Register: The official daily publication for rules, proposed rules, and notices of federal agencies, as well as executive orders and presidential documents. It’s where agencies announce their intent to create or change regulations and solicit public comment. Online sources include:
- FederalRegister.gov: A user-friendly interface for searching and browsing documents from 1994 to present, including documents scheduled for upcoming publication
- GovInfo: Access to issues from 1936 onward (though full-text searchability and format vary for older volumes)
Understanding the different publication cycles – the U.S. Code updated every six years with supplements, the CFR annually, and the Federal Register daily – is important for ensuring you’re consulting the most current version of a law or regulation.
The dynamic nature of law means that relying solely on an older printed volume might lead to outdated information. Online resources like the House Law Revision Counsel’s U.S. Code website and the eCFR are particularly valuable because they incorporate changes more frequently.
How Statutes and Regulations Change Over Time
Laws and rules are not static; they evolve to reflect new societal needs, technological advances, court interpretations, or changes in political priorities. Both statutes and regulations can be amended (changed) or repealed (revoked).
Changing Statutes: The Legislative Process
Amending or repealing a federal statute follows the same rigorous legislative process as enacting a new one. A bill proposing the change must be introduced in Congress, pass through committee review, be approved by majority vote in both the House and Senate, and then be signed by the President (or a presidential veto must be overridden).
When a new law is enacted, it may explicitly amend or repeal provisions of earlier statutes. If a statute is repealed, its text is typically removed from the United States Code, often with a note indicating the repeal and sometimes summarizing the former provision.
This process ensures that changes to fundamental laws receive the same level of deliberation and broad consensus required for their initial passage, promoting stability in the nation’s laws.
While the U.S. Constitution can also be amended, that process is significantly more complex, requiring proposal by a two-thirds vote in both houses of Congress (or by a convention called by two-thirds of state legislatures) and ratification by three-fourths of the states.
Changing Regulations: Agency Action
Changing federal regulations is typically the responsibility of the agency that originally issued them, also governed by the Administrative Procedure Act.
Just as when creating a new regulation, an agency wishing to amend or repeal an existing one must generally follow notice-and-comment rulemaking procedures:
- Publishing a notice in the Federal Register outlining the proposed changes and reasons for them
- Providing a public comment period for interested parties to submit their views
- Considering the comments and publishing a final rule in the Federal Register
The agency must provide a “reasoned explanation” for its decision to change a regulation, especially if reversing a previous policy. This ensures such changes are not arbitrary.
There is a “good cause” exception in the APA that allows agencies to bypass notice-and-comment rulemaking if these procedures are “impracticable, unnecessary, or contrary to the public interest.” This exception is intended to be narrowly applied for situations like emergencies or minor technical corrections.
The President, through Executive Orders, can direct agencies to review existing regulations and initiate processes to amend or repeal them if deemed outdated, ineffective, or inconsistent with current administration policy. However, agencies are generally still bound to follow APA procedural requirements for substantive changes.
The system for amending statutes and regulations reflects a balance: the more demanding process for statutory change promotes stability in core laws, while the APA process for regulatory change, though still requiring public input, allows greater adaptability to new information or evolving needs.
Even when regulations change, the APA’s insistence on public participation through notice and comment remains, underscoring the democratic principle of citizen involvement in how laws are implemented and modified.
It’s important to recognize the significant influence of the Executive Branch; while agencies follow APA procedures, the impetus and policy direction for regulatory changes are often strongly shaped by the priorities of the current presidential administration.
Why This Matters for You
Understanding statutes and regulations has practical value beyond academic interest, empowering citizens in several important ways.
Knowing Your Rights and Obligations
Statutes and regulations form the very fabric of the legal environment that surrounds every individual. They define a vast array of personal rights, such as civil rights, consumer protections, workplace safety standards, and privacy rights.
For example, federal statutes like the Civil Rights Act of 1964 prohibit discrimination, and detailed regulations issued by the Equal Employment Opportunity Commission provide specific guidance on what constitutes discriminatory practices and how to file complaints.
Similarly, statutes mandate environmental protection, and EPA regulations specify the pollution limits that industries must meet, directly impacting public health.
These legal instruments also outline many civic and personal responsibilities, such as the obligation to pay taxes (defined by statutes in the Internal Revenue Code and detailed by Treasury Department regulations), comply with traffic laws, or adhere to business licensing requirements.
Understanding the source and content of these rules helps individuals and businesses navigate society lawfully and effectively, knowing what is expected of them and what protections they are afforded.
Making Your Voice Heard: Civic Engagement Opportunities
Perhaps most importantly, understanding the distinction between statutes and regulations—and their respective creation processes—is crucial for effective civic engagement. It allows citizens to identify the correct channels for expressing concerns and participate meaningfully in shaping the laws and rules that affect their lives.
Influencing Statutes: Communicating with Your Legislators:
When a concern relates to broad policy, the need for a new law, or a fundamental change to an existing one, the appropriate avenue is typically through the legislative process. Citizens can:
- Contact their elected U.S. Senators and House Representatives to share views on pending bills or propose ideas for new legislation
- Support advocacy groups that lobby Congress on issues they care about
- Vote for candidates whose policy positions align with their own
An understanding of the legislative process—how bills are introduced, debated in committees, and voted upon—makes these interactions more targeted and effective. Knowing that statutes are the domain of Congress helps citizens direct their efforts to the right place.
Shaping Regulations: Participating in the Rulemaking Process:
When the concern is about the specific implementation of a law—the detailed rules, standards, or procedures—the focus shifts to federal agencies and the regulatory process. The Administrative Procedure Act ensures that the public has opportunities to influence how agencies develop and modify regulations. Citizens can:
- Submit Public Comments: When an agency proposes a new rule via a Notice of Proposed Rulemaking in the Federal Register, the public can submit comments. These comments can provide data, share personal experiences, critique the agency’s analysis, or suggest alternative approaches. To be effective, comments should be specific, well-reasoned, and directly address the proposal. Comments can be submitted through Regulations.gov, which centralizes rulemaking documents and public submissions.
- Petition for Rulemaking: Citizens and organizations can formally petition an agency to issue, amend, or repeal a rule. Agencies are generally required to consider such petitions.
- Stay Informed Proactively: The Unified Agenda of Federal Regulatory and Deregulatory Actions is published twice yearly and outlines rulemaking activities agencies plan to undertake in the near future. This allows interested parties to anticipate upcoming rulemakings and prepare to engage early in the process. Similarly, monitoring the Federal Register daily can alert citizens to new proposals.
Knowing where to direct efforts—Congress for statutes, agencies for regulations—is essential for effective civic engagement. Without this knowledge, well-intentioned efforts can be misdirected.
Tools like the Unified Agenda and FederalRegister.gov empower citizens to move beyond simply reacting to already-formed proposals and to engage proactively, potentially influencing the direction of rulemaking from its earlier stages.
When citizens understand how their government works and are aware of the formal channels for their input, they’re more likely to trust the system and participate in it. This informed participation strengthens democratic foundations by empowering individuals with the knowledge to contribute meaningfully to their own governance.
Navigating the System: Practical Tips
Finding the Law That Applies to You
When researching a legal question or concern, start by determining whether you need a statute, regulation, or both:
- For broad legal principles: Start with the relevant statute in the U.S. Code. For example, for workplace discrimination issues, look at Title VII of the Civil Rights Act (42 U.S.C. § 2000e).
- For specific requirements: Look for the implementing regulations in the CFR. Continuing our workplace example, EEOC regulations in 29 CFR Part 1604 detail what constitutes sexual harassment.
- Use official tools: The U.S. Code Search and eCFR Search have advanced features to help pinpoint relevant provisions.
- Check currency: Always verify you’re reading the most current version of a law or regulation, especially if relying on printed materials or older websites.
Getting Involved in the Process
If you want to influence laws and regulations:
- Track legislation: Use Congress.gov to monitor bills related to issues you care about. The site provides bill texts, summaries, sponsors, and status updates.
- Contact legislators effectively: When communicating with your representatives:
- Be specific about the bill number or issue
- Explain how the legislation affects you personally
- Be concise and respectful
- Offer constructive alternatives if opposing a measure
- Monitor regulatory developments: Create an account on Regulations.gov and set up alerts for agencies or topics of interest.
- Write effective comments: When commenting on proposed regulations:
- Reference the specific docket or regulation number
- Focus on factual arguments and practical impacts
- Suggest specific alternative language if appropriate
- Submit before the deadline (late comments are often disregarded)
- Participate in public hearings: Agencies often hold hearings on significant regulations. These provide opportunities to present views directly to agency officials.
By understanding the distinct roles of statutes and regulations and the processes for creating and changing them, you become a more informed citizen, better equipped to protect your rights and interests and to contribute meaningfully to the democratic process.
Additional Resources for Deeper Learning
For those interested in learning more about the American legal system:
- USA.gov Laws and Legal Issues: A citizen-friendly portal to government legal information
- Congress.gov: The official source for federal legislative information
- Regulations.gov: The government-wide portal for regulatory information and public commenting
- The Regulatory Process: A helpful infographic from the Federal Register
- Introduction to the Federal Regulatory Process: A concise overview from the Congressional Research Service
Understanding statutes and regulations isn’t just for lawyers and policy experts. It’s valuable knowledge for any citizen who wants to understand how society’s rules are made and how they can help shape them.
Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.
