What is the difference between statutory law and constitutional law?

• A. Statutory law is created by legislatures; constitutional law interprets the Constitution and is supreme to statutory law.
• B. Statutory law interprets the Constitution; constitutional law is created by citizens.
• C. Statutory law and constitutional law are the same.
• D. Constitutional law is created by the President and overrides statutory law in all cases.

Answer: (A)

The important idea here is how constitutional law and statutory law originate and how their authority compares. Constitutional law comes from the Constitution itself and from how courts interpret it. It sets the framework, limits, and rights that guide all other laws, and it is the supreme law of the land. Statutory law, by contrast, is created by legislatures—Congress at the national level and state legislatures at the state level. These statutes must fit within the Constitution, and if a statute conflicts with constitutional rights or powers, courts can strike it down or strike down the offending part. The President doesn’t create constitutional law, and citizens don’t create constitutional law—the Constitution and judicial interpretation do. So the best answer captures that statutory laws are made by legislatures, while constitutional law involves interpreting the Constitution and holds supreme over statutes.