Common Law, Statutory Law, and the Constitution: Who’s in Charge?

If you’ve ever wondered who really makes the rules, why legal definitions never seem absolute, or how law adapts to fit a changing society, you’ll want to stick around for this discussion.Welcome back to Lawyer Talk! In this episode, I’m tackling a question I hear all the time: what’s the real difference between laws, statutes, and “black robe law”—that case law everyone loves to debate?This all started with a pointed listener comment, and I thought it was the perfect jumping-off point for a deep dive into how our legal system actually works.I’ll walk you through the evolution from medieval common law to today’s complex tangle of statutory and constitutional law. I explain how, no matter how carefully legislators try to craft statutes, lawyers like me push the boundaries, and judges interpret and refine what those words really mean.We’ll also look at how the Constitution acts as the ultimate backstop, shaping everything beneath it.Here are 3 key takeaways from the episode:Case Law Shapes Statutes: Statutory law (what Congress or state legislatures write) doesn’t exist in a vacuum. Courts interpret and apply these statutes in real-world situations, creating “common law” or case law, which guides future cases and fills in the gaps left by legislators.The Constitution Rules All: Whether a law comes from Congress or the courts, it’s always subject to the U.S. Constitution. If a statute or a court’s decision clashes with constitutional principles, it’s the courts’ role to step in and say, “Not allowed.”The Law Evolves with Society: Our legal system is dynamic. Steve Palmer points out that the “awesome process” of evolving case law helps society adapt to new challenges, even when statutes lag behind.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2026 Stephen E. Palmer - Attorney At LawMentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com