State law (United States) in the context of "State executive order"

The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. However, federal statutes and treaties must be within the parameters of the Constitution; that is, they must be pursuant to the federal government's enumerated powers, and not violate other constitutional limits on federal power, such as the Bill of Rights—of particular interest is the Tenth Amendment to the United States Constitution, which states that the federal government has only those powers that are delegated to it by the Constitution. It is the responsibility of the United States Supreme Court in that case to exercise the power of judicial review: the ability to invalidate a statute for violating a provision of the Constitution.

The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law. Some jurists further argue that the clause also nullifies federal law that is in conflict with the Constitution, although this is disputed. The Supremacy Clause follows Article XIII of the Articles of Confederation, the predecessor of the Constitution, which provided that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them."

In the United States of America, each state has its own written constitution. The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under the authority of the United States, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law.

The Tenth Amendment to the United States Constitution (part of the Bill of Rights) provides that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." The Guarantee Clause of Article 4 of the Constitution states that "The United States shall guarantee to every State in this Union a Republican Form of Government." These two provisions indicate states did not surrender their wide latitude to adopt a constitution, the fundamental documents of state law, when the U.S. Constitution was adopted.

In the United States, a state court is a court of law with jurisdiction over disputes with some connection to a U.S. state. State courts handle the overwhelming majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. The number of cases filed in state courts each year surpasses the number of cases filed in federal courts by a factor of over two hundred. States often provide their trial courts with general jurisdiction (the hearing of all matters in which personal jurisdiction exists and which are not committed to another court) and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.

Each state "is free to organize its courts as it sees fit," and consequently, "no two states have identical court structures." Generally, state courts are common law courts, and apply their respective state laws and procedures to decide cases. They are organized pursuant to and apply the law in accordance with their state's constitution, state statutes, and binding decisions of courts in their state court hierarchy. Where applicable, they also apply federal law, or need to make a choice of law from another jurisdiction.

School segregation in the United States was the segregation of students in educational facilities based on their race and ethnicity. While not prohibited from having or attending schools, various minorities were barred from most schools that admitted white students. Segregation was enforced by laws inU.S. states, primarily in the Southern United States, although segregation could also occur in informal systems or through social expectations and norms in other areas of the country. Segregation laws were met with resistance by Civil Rights activists and began to be challenged in the 1930s in cases that eventually reached the U.S. Supreme Court.

Segregation continued longstanding exclusionary policies in much of the Southern United States (where most African Americans lived) after the Civil War. Jim Crow laws codified segregation. These laws were influenced by the history of slavery and discrimination in the US. Secondary schools for African Americans in the South were called training schools instead of high schools in order to appease racist whites and focused on vocational education. School integration in the United States took place at different times in different areas and often met resistance. After the ruling of Brown v. Board of Education in 1954, which invalidated segregated-schooling laws, school segregation took de facto form. School segregation declined rapidly during the late 1960s and early 1970s as the government became strict on schools' plans to combat segregation more effectively as a result of Green v. County School Board of New Kent County. Voluntary segregation by income appears to have increased since 1990.

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark decision of the United States Supreme Court which ruled that U.S. state laws establishing racial segregation in public schools violate the Equal Protection Clause of the Fourteenth Amendment and hence are unconstitutional, even if the segregated facilities are presumed to be equal. The decision partially overruled the Court's 1896 decision Plessy v. Ferguson, which had held that racial segregation laws did not violate the U.S. Constitution as long as the facilities for each race were equal in quality, a doctrine that had come to be known as "separate but equal" and was rejected in Brown based on the argument that separate facilities are inherently unequal. The Court's unanimous decision in Brown and its related cases paved the way for integration and was a major victory of the civil rights movement, and a model for many future impact litigation cases.

The case involved the public school system in Topeka, Kansas, which in 1951 had refused to enroll the daughter of local black resident Oliver Brown at the school closest to her home, instead requiring her to ride a bus to a segregated black school farther away. The Browns and twelve other local black families in similar situations filed a class-action lawsuit in U.S. federal court against the Topeka Board of Education, alleging its segregation policy was unconstitutional. A special three-judge court of the U.S. District Court for the District of Kansas heard the case and ruled against the Browns, relying on the precedent of Plessy and its "separate but equal" doctrine. The Browns, represented by NAACP chief counsel Thurgood Marshall, appealed the ruling directly to the Supreme Court, who issued a unanimous 9–0 decision in favor of the Browns. However, the decision's 14 pages did not spell out any sort of method for ending racial segregation in schools, and the Court's second decision in Brown II (1955) only ordered states to desegregate "with all deliberate speed".

The law of the United States comprises many levels of codified and uncodified forms of law, of which the supreme law is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law.

The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the presence of Indian reservations), states are the plenary sovereigns, each with their own constitution, while the federal sovereign possesses only the limited supreme authority enumerated in the Constitution. Indeed, states may grant their citizens broader rights than the federal Constitution as long as they do not infringe on any federal constitutional rights. Thus U.S. law (especially the actual "living law" of contract, tort, property, probate, criminal and family law, experienced by citizens on a day-to-day basis) consists primarily of state law, which, while sometimes harmonized, can and does vary greatly from one state to the next. Even in areas governed by federal law, state law is often supplemented, rather than preempted.

In the United States, a state supreme court (known by other names in some states) is the highest court in the state judiciary of a U.S. state. On matters of state law, the judgment of a state supreme court is considered final and binding in both state and federal courts.

Generally, a state supreme court, like most appellate tribunals, is exclusively for hearing appeals of legal issues. Although state supreme court rulings on matters of state law are final, rulings on matters of federal law (generally made under the state court's concurrent jurisdiction) can be appealed to the Supreme Court of the United States. Each state supreme court consists of a panel of judges selected by methods outlined in the state constitution. Among the most common methods for selection are gubernatorial appointment, non-partisan election, and partisan election, but the different states follow a variety of procedures.