Also known as: law of the land · law of land · lands, law of
Written by attorneys · grounded in primary & secondary sources — see below
The supreme law of the United States consisting of the Constitution, federal statutes enacted pursuant to it, and treaties made under the authority of the United States. State laws and constitutions yield when they conflict with this body of law. Judges in every state are bound to apply it.
Leonard Lowe held a bond issued by the Confederation government before 1789. After ratification a state legislature attempted to repudiate the debt as invalid under the new Constitution. The court enforced the obligation because the law of the land preserved pre-ratification engagements.
Lucia Lopez sought to reopen her state conviction based on a treaty provision. The President issued a memorandum directing compliance. The court refused because the treaty lacked implementing legislation and therefore formed no part of the law of the land.
Select any source to read its text and confirm it supports the definition.
Lena Lawson operated a state-chartered bank that refused to pay a federal tax on notes issued by the Bank of the United States. The court held that the federal charter was made in pursuance of the Constitution and therefore constituted part of the law of the land that Maryland could not impair.
Layla Lane faced delinquency proceedings in which the state sought to prove the elements only by a preponderance of the evidence. The court required proof beyond a reasonable doubt because that standard is demanded by the law of the land under the Due Process Clause.
Leah Lamb and her spouse were denied recognition of their out-of-state marriage by state officials. The court ordered recognition because the constitutional right to marry is part of the law of the land that states must respect.
Latoya Lane claimed title to land under a state court judgment that conflicted with a federal treaty grant. The court set aside the state judgment because the treaty formed part of the law of the land that binds state courts.
It encompasses the Constitution, federal laws made in pursuance of the Constitution, and treaties made under the authority of the United States. State law must yield when it conflicts with any of these sources.
Supporting sources
No. A non-self-executing treaty creates only international obligations and has no domestic legal effect until Congress enacts implementing legislation. A presidential memorandum alone cannot supply that effect.
Supporting sources
No. Treaties and executive agreements rank below the Constitution and cannot authorize conduct that violates individual rights or structural principles protected by the Constitution.
Supporting sources
…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…