Kara Sears
The United States has a federal system, which means that while the federal government has authority over the country as a whole, each state also has its own authority and laws. This has resulted in several instances where states have chosen to reject or nullify federal laws and court decisions. For example, in 2003, the Arizona Supreme Court rejected a decision of the U.S. Supreme Court, and in 2006, Michigan voters approved a ballot initiative to prevent state courts from following a ruling of the U.S. Supreme Court. This has led to legal and political debates about the extent of states' rights and the role of the federal government.
Can a state choose not to follow federal law?
| Characteristics | Values |
|---|---|
| Supremacy Clause | The Supremacy Clause of the Constitution gives the federal government the power to override state governments. |
| Tenth Amendment | The Tenth Amendment reserves powers not delegated to the federal government to the states or the people. |
| State Sovereignty | States have the freedom to depart from federal law by passing their own laws or issuing judicial opinions that reject specific opinions of the U.S. Supreme Court. |
| Federalism | The system of federalism allows for state law to supplement or exist alongside federal law. |
| Enforcement | The federal government cannot always commandeer state resources to enforce federal laws, and must either pay for their own enforcement or convince states to cooperate. |
| Immigration | The federal government has sued states like California over immigration policies, claiming that federal immigration law must be enforced. |
| Gun Control | Some states have passed laws preventing local law enforcement from enforcing certain federal gun control measures. |
| Marijuana Legalization | States have legalized marijuana despite federal laws, by choosing not to enforce federal laws as long as state laws are followed. |
| Smoking Age | The federal government has been able to impose a rise in the smoking age from 18 to 21, which states have been unable to refuse. |
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Marijuana legalisation
Marijuana, or cannabis, is still classified as a Schedule I Drug under federal law, meaning it is treated as one of the most serious and deadly drugs. Despite this, many states have legalized marijuana, creating a conflict between federal and state law.
The U.S. system of government is one of dual sovereignty, with the Tenth Amendment preventing Congress from forcing states to enforce federal policies. This means that while the federal government is free to enforce its marijuana laws, requiring state agents to do so is unconstitutional. The federal government has taken the position that state regulatory activity does not violate the Supremacy Clause, as states do not prevent federal authorities from enforcing their laws.
In practice, this means that state legalization of marijuana does not prevent federal authorities from enforcing their own laws against individuals or businesses. However, federal prosecutors have discretion in how they handle marijuana activities, and the Department of Justice has advised against prioritizing marijuana enforcement unless states fail to provide robust regulation. This policy of non-interference was formalized in the 2013 Cole Memo, which was rescinded in 2018 but whose non-enforcement practice has continued.
While the federal government cannot require states to keep marijuana illegal, there is a recognition that some regulations are better than none. States that have legalized marijuana have not prevented federal authorities from enforcing their laws and have instead focused on implementing rules for cultivation, licensing, and taxation.
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Gun laws
In the United States, federal and state laws can coexist, and states have the authority to implement their own gun regulations, which can either align with or exceed federal standards. Federal gun laws, established by Congress and enforced by federal agencies like the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), create a foundational framework for firearm regulation. They set minimum standards, such as mandatory background checks for all firearm purchases from licensed dealers and prohibiting specific categories of people, like convicted felons and individuals with restraining orders, from possessing firearms.
State gun laws, on the other hand, can vary significantly from state to state. Some states enforce strict regulations to curb gun violence, while others prioritise protecting individual freedoms. For instance, some states require concealed carry permits, while others allow "constitutional carry" without a permit. Differences also exist in waiting periods, with states like California mandating them and others like Texas not requiring them.
The interplay between federal and state gun laws can be complex. While federal law enforcement, specifically the ATF, can arrest someone for violating federal gun laws, local police can also get involved. If local police suspect a violation of state gun law, they can make an arrest and hand the case over to the state prosecutor. In cases where a federal law violation is suspected, local police should notify the ATF or the U.S. Attorney's office, which acts as the federal prosecutor. When an individual violates both state and federal gun laws, they may face prosecution in both state and federal courts.
The consequences of violating gun laws can be severe and far-reaching. They include fines, imprisonment, probation, mandatory firearm safety courses, and community service. Additionally, a conviction for a gun-related offence can result in the loss of the right to own or carry firearms, which may be permanent under federal law for convicted felons. A criminal record related to gun offences can impact employment, housing, and obtaining specific licenses. It may also affect immigration status and eligibility for public benefits.
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Immigration laws
In the United States, the federal government regulates immigration. The U.S. Congress controls all immigration-related regulations, while the White House is in charge of enforcing immigration laws. The Immigration and Nationality Act (INA) dictates most aspects of federal immigration law, including visas and citizenship status.
However, states also have some of their own immigration laws that can control immigration within their borders. For example, California is a "sanctuary state" that provides more generous benefits to immigrants, while Texas has been notoriously unfavorable to immigrants and has successfully restricted benefits. Many states have passed legislation limiting immigrants' access to public benefits and directed state and local police to check the legal immigration status of individuals.
State and local enforcement efforts cannot impose new or additional penalties for criminal immigration law violations. However, they may enforce the criminal provisions of the INA, such as arresting and detaining aliens illegally present in the U.S. with prior felony convictions. States that administer federal public benefits programs can follow federal rules for determining and verifying an applicant's citizenship or alienage status.
The Supremacy Clause of the U.S. Constitution generally means that federal laws take precedence over state laws. The U.S. Supreme Court has upheld the federal government's jurisdiction over immigration law and overruled attempts by states to single out immigrants. However, there are exceptions, and states have some freedom to determine their own laws. For example, states can pass laws or issue judicial opinions that explicitly reject specific opinions of the U.S. Supreme Court.
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Supremacy Clause
The Supremacy Clause is a cornerstone of the United States' federal political structure. It is a constitutional provision that identifies the supremacy of federal law and assumes the underlying priority of federal authority. The Supremacy Clause was introduced as part of the New Jersey Plan during the Federal Convention of 1787 and was ratified in 1788. It was a response to problems with the Articles of Confederation, which lacked a similar provision declaring federal law to be superior to state law.
The Supremacy Clause states that the Constitution, the laws of the United States made in pursuance thereof, and all treaties made under the authority of the United States are the "supreme Law of the Land." This means that federal law is supreme over state law, and judges in every state are bound to follow it, regardless of any conflicting state laws or constitutions. The Supreme Court has interpreted the Supremacy Clause as federal preemption, which means that federal law can preempt or supersede state law, either expressly or impliedly. Express preemption occurs when federal law explicitly states that it preempts state law, while implied preemption occurs when that intent is implicit in its structure and purpose.
The Supremacy Clause allows the federal government to make treaties that supersede state law, even if they abrogate states' rights under the Tenth Amendment. For example, the Voting Rights Act of 1965, an act of Congress, preempts state constitutions, and Food and Drug Administration regulations may preempt state court judgments in cases involving prescription drugs. In some cases, Congress has completely preempted state regulation, such as with the 1976 Medical Device Regulation Act. In other cases, like with labels on prescription drugs, Congress has set federal minimum standards while allowing states to impose more stringent regulations.
While the Supremacy Clause establishes the supremacy of federal law, it does not function as a binary switch. The system of federalism in the United States allows for state law to supplement or stand alongside federal law. States have the freedom to depart from federal law by passing laws or issuing judicial opinions that explicitly reject specific opinions of the U.S. Supreme Court. For example, in 2003, the Arizona Supreme Court agreed to "reject" a decision of the U.S. Supreme Court, and in 2006, Michigan voters approved a ballot initiative to prevent state courts from following a ruling of the U.S. Supreme Court. In practice, this means that while federal law sets a baseline, states may choose to enforce more or less restrictive laws, as long as they do not directly contradict federal law.
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State sovereignty
The concept of state sovereignty is often associated with the Westphalian System, which emerged from the 1648 Treaty of Westphalia. This treaty established a clear separation between religion and state, recognising the right of princes to determine the religious affiliation of their kingdoms. Over time, the idea of sovereignty has been shaped by various theories and interpretations, including the declarative theory of statehood, popular sovereignty, and legislative sovereignty.
In the context of the United States, the relationship between federal law and state sovereignty is particularly intriguing. While the Supremacy Clause establishes the supremacy of federal law, states do retain a degree of autonomy and occasionally depart from federal law. This occurs when states pass laws or issue judicial opinions that explicitly reject specific decisions made by the US Supreme Court. For instance, in 2003, the Arizona Supreme Court chose to "reject" a US Supreme Court decision, and in 2006, Michigan voters approved a ballot initiative to prevent state courts from following a particular ruling of the US Supreme Court.
Additionally, states have legalised marijuana, created gun and immigrant "sanctuary" states, and enacted other laws that diverge from federal legislation. These actions highlight the dynamic tension between federal and state authority in the US legal system. However, it is important to note that the federal government also has tools at its disposal, such as imposing conditions on federal funding or utilising federal law enforcement, to encourage compliance with its laws.
The concept of state sovereignty is not without its critics and challenges. Scholars have noted the complexity of identifying a sole repository of sovereignty within a federal structure. The evolution of international law and the recognition of self-determination have also reshaped the traditional understanding of sovereignty, emphasising the juridical equality of states and their right to exercise sovereignty within their territorial jurisdictions.
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Frequently asked questions
Yes, states can choose not to follow federal law. This phenomenon is known as "state rejection of federal law" and has been observed in several instances throughout history.
The consequences of a state's decision to reject federal law can vary depending on the specific context and the institutional actors involved. In some cases, the federal government may choose to sue the state, as seen in the case of the Trump administration suing California over its immigration policies.
The Supremacy Clause of the Constitution states that the federal government's authority takes precedence over state governments when it acts in pursuance of the Constitution. However, the Tenth Amendment to the Bill of Rights reserves powers not delegated to the federal government for the states or the people. This has led to court cases and varying interpretations, with some arguing that the federal government cannot force states to enforce laws they disagree with.
