[weishaupt1776]

From Education from Transparency
Statutes of Large vs. The U.S. Code!

http://memory.loc.gov/ammem/amlaw/lwsllink.html
The United States Statutes at Large, commonly referred to as the Statutes at Large, is the official source for the laws and resolutions passed by Congress. Publication began in 1845 by the private firm of Little, Brown and Company under authority granted by a joint resolution of Congress. In 1874, Congress transferred the authority to publish the Statutes at Large to the Government Printing Office, which has been responsible for producing the set since that time.

Every law, public and private, ever enacted by the Congress is published in the Statutes at Large in order of the date of its passage. Until 1948, all treaties and international agreements approved by the Senate were also published in the set. In addition, the Statutes at Large includes the text of the Declaration of Independence, Articles of Confederation, the Constitution, amendments to the Constitution, treaties with Indians and foreign nations, and presidential proclamations.

See 1 USC Chapter 3 Section 204(A) In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States—
(a) United States Code.— The matter set forth in the edition of the Code of Laws of the United States current at any time shall, together with the then current supplement, if any, establish prima facie the laws of the United States, general and permanent in their nature, in force on the day preceding the commencement of the session following the last session the legislation of which is included: Provided, however, That whenever titles of such Code shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States, the several States, and the Territories and insular possessions of the United States.


Positive law. "Law actually and specifically enacted or adopted by proper authority for the government of an organized jural society." Black's Law Dictionary 5th Edition

Prima facie. "At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary." Black's Law Dictionary 5th Edition

Official source for the United States laws is Statute at Large and United States Code is only prima facie evidence of such laws. Royer's Inc. v. United States (1959, CA3 Pa) 265 F.2d 615, 59-1 USTC 9371, 3 AFTR 2d 1137.

Statutes at Large are "legal evidence" of laws contained therein and are accepted as proof of those laws in any court of United States. Bear v. United States (1985, DC Neb) 611 F Supp 589, affd (1987, CA8 Neb) 810 F.2d 153.


Unless Congress affirmatively enacts title of United States Code into law, title is only prima facie" evidence of law. Preston v. Heckler (1984, CA9 Alaska) 734 F.2d 1359, 34 CCH EPD 34433, later proceeding (1984, DC Alaska) 596 F Supp 1158.

Where title has not been enacted into positive law, title is only prima facie or rebuttable evidence of law, and if construction is necessary, recourse may be had to original statutes themselves. United States v. Zuger (1984, DC Conn) 602 F Supp 889, affd without op (1985, CA2 Conn) 755 F.2d 915, cert den and app dismd (1985) 474 US 805, 88 L Ed 2d 32, 106 S Ct 38.


Even codification into positive law will not give code precedence where there is conflict between codification and Statutes at Large. Warner v. Goltra (1934) 293 US 155, 79 L Ed 254, 55 S Ct 46; Stephan v. United States (1943) 319 US 423, 87 L Ed 1490, 63 S Ct 1135; United States v. Welden (1964) 377 US 95, 12 L 2d 152, 84 S Ct 1082.
United States Code does not prevail over Statutes at Large when the two are inconsistent. Stephan v. United States (1943) 319 US 423, 87 L Ed 1490, 63 S Ct 1135; Peart v. The Motor Vessel Bering Explorer (1974, DC Alaska) 373 F Supp 927.

Although United States Code establishes prima facie what laws of United States are, to extent that provisions of United States Code are inconsistent with Statutes at Large, Statutes at Large will prevail. Best Food, Inc. v. United States (1965) 37 Cust Ct 1, 147 F Supp 749.

Where there is conflict between codification and Statutes at Large, Statutes at Large must prevail. American Export Lines, Inc. v. United States (1961) 153 Ct Cl 201, 290 F. 2d 925; Abell v. United States (1975) 207 Ct Cl 207, 518 F.2d 1369, cert den (1976) 429 US 817, 50 L Ed 2d 76, 97 S Ct 59.

"This distinction between the* Statutes at Large* and the U.S.C. can be better understood in the context of positive and non-positive law.** A non-positive law title of the Code (such as Title 29 -- Labor, for example) consists of* Statutes at Large* which have not been enacted directly to such title, but which have been codified to such title by the Law Revision Council.** On the other hand, in a positive law title (such as Title 10 -- Armed Forces),* Statutes at Large* have been enacted directly to such title.* Because of this distinction, it is not uncommon to find such words as* 'title'* or* 'Act'* appearing in the text of a* Statutes at Large* which have been codified to a non-positive law title of the Code.** While we preserve such language in U.S.C.S., the compilers of the U.S.C. substitute words such as* 'chapter'* or* 'subchapter.'** This substitutionary policy has, on several occasions, resulted in conflict between the U.S.C. and the* Statutes at Large.** For example, in one case it was held that use of the word 'Act' in the* Statutes at Large* prevailed over substitution of the word 'chapter' by the compilers of the Code (see* United States v. Vivian* (1955, CA7 Ill.)* 224 F.2d 53, cert den 350 US 953,* 100 L.Ed. 830,* 76 S.Ct. 340 (1956)).

*********** "The driving force behind our policy of adhering to the exact language of the* Statutes at Large* is to present and preserve federal statutes in their most accurate form.** While this effort may lead to confusion when such words as* 'title'* or* 'Act'* appear in the text of a non-positive law section, we attempt to resolve any confusion by either inserting bracketed references in the text of the statute, or by dropping a* 'Reference-in-text'* note to inform the reader what is being referred to by the word or phrase in question.