What do the phrases “positive law” and “prima facie evidence ofthe law” mean in connection with the USC?
Statutes constituting “positive law” are public laws directlyenacted by Congress; as the direct expression of the legislativebranch they are taken by courts, without more evidence, as accuratestatements of what Congress enacted. Statutes that are “primafacie evidence of the law” have been edited by code compilers tofit in the USC’s format. Since the text of such statutes may varyslightly from the public laws that Congress enacted, they are”prima facie evidence” only: that is, courts will accept them asstatements of what Congress enacted, but if an opposing party canpresent a more accurate version (the public laws printed in theStatutes at Large), the court will follow that version, rather thanthe wording in the USC.
