Civics
The United States of America consists of 50 states and one federal government. Laws passed by the federal government apply to everyone in the United States. Laws passed by an individual state apply only to people residing in, visiting, or conducting business in that state.
The United States Constitution creates the framework for the United States government. The framework for state government is determined by the individual states. Each state has its own constitution and its own methods for governing.
A state constitution establishes the organizational structure of that state’s government, beginning with the governmental structure of that state, itself. State government, like the federal government, is divided into three branches: executive, legislative, and judicial. The legislative branch is charged with passing laws. Laws passed by the state legislature and signed by the governor are known as statutes, and everyone who lives in, visits, or conducts business in the state is subject to those laws. The executive branch, headed by the governor, enforces the laws. The judicial branch, headed by a court designated by the state constitution as the highest court in the state, interprets laws and resolves disputes.
A state is divided into political subdivisions consisting of counties and municipalities. Municipalities are cities, towns, villages, etc. These subdivisions have a board of commissioners, council, or other body that has the power to pass laws known as ordinances or resolutions. Those ordinances or resolutions affect only people who are geographically in or doing business within the subdivision boundaries.
There are times when a state’s legislature passes a law that contains general language because laws that are general in nature can cover a greater number of potential problems. For example, a law that provides protection for “animals” covers far more living creatures than a law that protects “dogs and cats.”
Some laws are not very specific because the state legislature is dealing with subject matter that is very technical, and the legislature does not have the expertise necessary to pass a precise, detailed law. The legislature has created administrative agencies populated with experts. These agencies have been directed by the legislature to promulgate (pass) regulations to fill in specifics for laws which are general. For example, there may be a law which states that no person may keep wildlife in captivity for public exhibition purposes unless a designated state agency has passed regulations permitting otherwise. Agency regulations have virtually the same effect as statutes.
Some laws are sloppily written. There are inconsistencies that proof-reading prior to passage of the law failed to recognize.
The point is that written laws are not perfect. The language used in a statute is subject to interpretation, especially when the law is general in nature or poorly written. Furthermore, even language which seems specific is sometimes subject to interpretation. If a dispute arises concerning the meaning of a law, it is left to the courts to decide what the words mean, and a decision by a higher court interpreting a statute is as binding on the public as the written law itself.
In analyzing laws, it is therefore necessary not only to examine the words in a statute, but in many instances, it is also necessary to review court decisions interpreting the statutes. Using the “animals” example, above, if a statute refers to “animals,” it may be up to the state courts to decide what the word “animal” means.
How is this relevant to a blog concerning animal welfare and human responsibilities? State laws include many statutes and administrative regulations concerning animal welfare, wildlife, and animal industry. Many of those laws are quite clear; the content is not subject to interpretation. However, some laws and regulations are less clear and can be interpreted in different ways. Unfortunately, the state courts have not had the opportunity in many instances to interpret and clarify written laws which are unclear because there have been no court cases concerning those laws. That means that this blog cannot be as specific in its guidance concerning the meaning of laws as the author would like to be.
The author of this blog has kept these interpretation principles in mind and has attempted to remain as loyal as possible to the original content of a law in making that law more comprehensible. However, please remember, this blog is not providing legal advice. It is an attempt to make laws written by lawyers understandable to non-lawyers. If you or anyone else have a specific question regarding the meaning of the law and its potential violation, please contact a lawyer to address your specific concerns.