The increase in the volume of federal legislation, the growth of rulemaking by the highest levels of the executive branch (federal services, the president, etc.) was due to the centralization of state power, as well as the increased role of the state under the conditions of state-monopolistic capitalism.
Some U.S. states have only civil codes, others have civil or criminal procedure codes, and all states have criminal codes. As a rule, the codes are the fruit of consolidation; they do not act as a basis for the creation and development of new law. A special form of codification has been the creation of uniform codes and laws, the main purpose of which is to establish possible unity in those areas of law where it is particularly necessary.
The drafting of these codes and laws is carried out by a nationwide commission, created from representatives of all the states together with the American Bar Association and the American Law Institute. A draft becomes law only after it has been passed into law in the individual states. The first and most famous was the Uniform Commercial Code (“the bankers’ code”), approved in 1962. The code regulated regulations on negotiable instruments, the sale of goods and the security of transactions. The content of the code and the direction of unification of private law determined the interests of business and the country’s business elite. Especially great is the importance of customary law in the field of functioning of state power.
The current U.S. Constitution does not currently cover many significant aspects of governmental organization, which is compensated by the existing legislation and the recognition of existing, established customs and well-established traditions. In the realm of private law, custom plays a much smaller role, acting as “trade customs. These customs are represented as an established order of business relations, special practices that have a normative impact on the development of social relations and on the resolution of disputes arising in this regard.