Also known as: laws of the land · lex terrae
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The Constitution, the laws of the United States made in pursuance of it, and treaties made under the authority of the United States as the supreme authority that binds judges in every state notwithstanding contrary state law.
The Constitution, the laws of the United States made in pursuance of it, and treaties made under the authority of the United States as the supreme authority that binds judges in every state notwithstanding contrary state law.
Select any source to read its text and confirm it supports the definition.
Due process of law, denoting governmental proceedings conducted according to established legal rules rather than arbitrary action.
Select any source to read its text and confirm it supports the definition.
Due process of law, denoting governmental proceedings conducted according to established legal rules rather than arbitrary action.
Each sense below has its own examples, sources, and questions.
Leah Lamb boards a commuter train operating entirely within State X and faces a suspicionless search by foreign railway police under a cross-border safety accord. She sues in federal court claiming the accord's waiver of constitutional protections has no effect. The court holds that the accord cannot authorize searches that violate the Fourth Amendment because the Constitution remains the supreme law of the land.
Lillian Locke, a Texas resident convicted in state court, seeks to reopen her case after a presidential memorandum directs compliance with a non-self-executing treaty. The state court refuses because Congress enacted no implementing legislation. The memorandum cannot convert the treaty into supreme law of the land enforceable in domestic proceedings.
Lena Lawson, a member of a religious group that ingests peyote in ceremonies, is denied unemployment benefits after being fired for violating a state controlled-substance law. She claims the law burdens her free exercise rights. The court holds that a valid neutral law of general applicability remains the law of the land and may be enforced without regard to religious motivation.
Lucas Lee operates a federally chartered bank in Maryland. State officials attempt to impose a tax on the bank's operations. The bank challenges the tax as conflicting with federal law. The court rules that federal law made in pursuance of the Constitution constitutes the supreme law of the land and cannot be obstructed by state taxation.
No. Treaties and executive agreements rank below the Constitution as supreme law of the land. An agreement that purports to authorize searches or trials lacking constitutional safeguards is ineffective in domestic courts.
Supporting sources
No. Without implementing legislation from Congress, a non-self-executing treaty creates no enforceable rights in state or federal courts. A presidential memorandum cannot supply the missing legislative action or compel courts to apply the treaty.
Supporting sources
Yes. A valid neutral law of general applicability remains the law of the land even when it incidentally burdens religious practice. Individuals may not claim exemption from such laws on free-exercise grounds.
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Lamar Lewis, a juvenile, faces delinquency proceedings in which the state seeks to prove an element of the offense by a preponderance of the evidence. He argues that due process requires proof beyond a reasonable doubt. The court agrees that the law of the land demands the higher standard to protect against erroneous deprivation of liberty.
Lance Lee and his partner seek a marriage license in a state that limits marriage to opposite-sex couples. They argue that the restriction deprives them of liberty without due process. The court concludes that the law of the land, rooted in the Due Process Clause, protects the fundamental right to marry and invalidates the limitation.
The phrase historically equates to due process of law. Due process therefore requires the government to prove every element of a criminal offense beyond a reasonable doubt before depriving a person of liberty.
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…