Gavin Howe
The Supremacy Clause is a constitutional provision that establishes the supremacy of federal law and the underlying priority of federal authority. This means that federal law takes precedence over state law, and any state law that conflicts with federal law is void. The Supreme Court has ruled that under Article III of the Constitution, federal courts have the final jurisdiction in cases involving federal law, and state courts cannot interfere with their judgments. This means that a federal judge can void a state law if it contradicts federal law or the Constitution.
Can a federal judge void a state law?
| Characteristics | Values |
|---|---|
| Supremacy Clause | The Supremacy Clause establishes the supremacy of federal law and assumes the underlying priority of federal authority. It is considered a cornerstone of the United States' federal political structure. |
| Jurisdiction | The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction on cases involving constitutional or federal law. |
| Federal Preemption | The Supremacy Clause allows for federal preemption, where federal law takes priority over conflicting state laws, including state constitutions and court judgments. |
| Judicial Review | The Supreme Court has the power of judicial review, which allows it to invalidate a state statute for violating the Constitution. |
| Federal Habeas Court | A federal habeas court can inquire into issues of fact and law, even if a state court has already ruled on the matter, and can grant relief to prisoners with claims relating to their convictions. |
| Impact | Decisions of the Supreme Court can have a profound impact on society, including landmark cases involving students' rights and racial segregation. |
| Appointment and Tenure | Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. |
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What You'll Learn
The Supremacy Clause
Federal law can preempt state law either expressly or impliedly. Express preemption occurs when federal law explicitly states its intent to preempt state law. On the other hand, implied preemption occurs when the intent to preempt is inferred from the structure and purpose of the federal law. The Supreme Court has also recognised subcategories of implied preemption, such as field preemption, where federal law is so pervasive that it leaves no room for state supplementation, or where the federal interest is so dominant that it precludes state law enforcement in the same subject area.
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Federal preemption
The concept of federal preemption is rooted in the Supremacy Clause of the US Constitution, which states that federal law displaces or supersedes state law when the two conflict. This is because the Constitution confers upon Congress the power to regulate individuals, not states. Federal preemption can occur in three ways: express preemption, conflict preemption, and field preemption.
Express preemption occurs when a federal statute explicitly confirms Congress's intention to preempt state law. For example, in Morales v. Trans World Airlines, a provision of the Airline Deregulation Act stated that no "State or political subdivision... shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to rates, routes, or services of any [covered] air carrier." This language seemed to operate directly on the states, illustrating how express preemption can be obscured by the language used by Congress.
Conflict preemption occurs when a federal law enacted under Congress' Commerce Clause authority conflicts with state law. An example of conflict preemption is Mutual Pharmaceutical Co. v. Bartlett, where federal law prohibited generic drug manufacturers from changing the composition or labeling of drugs approved by the Food and Drug Administration (FDA). As a result, state tort law could not force these manufacturers to add additional information to the FDA-approved label or hold them liable for not doing so.
Field preemption occurs when Congress preempts all state regulation in a particular field. For instance, Congress has preempted all state regulation regarding medical devices. In other cases, such as labels on prescription drugs, Congress allows federal regulatory agencies to set national minimum standards while still permitting state regulations to impose more stringent standards.
It is important to note that the Supreme Court tries to avoid preempting state laws when the rules or regulations do not clearly state whether preemption should apply. Additionally, local ordinances can sometimes preempt state law, as in the case of City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), where courts favored the validity of local ordinances over state preemption due to varying significant interests across localities.
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Federal habeas
The right to petition for a writ of habeas corpus was first established by statute in the Judiciary Act of 1789. However, it only applied to prisoners in federal custody until the passage of the Habeas Corpus Act of 1867. The Suspension Clause of the US Constitution, found in Article One, Section 9, Clause 2, states:
> "The Privileges of the Writ of Habeas Corpus shall not be suspended unless when in Cases of Rebellion or Invasion the public Safety may require it."
The Suspension Clause does not explicitly establish a right to habeas corpus, but instead prevents Congress from restricting it. The Supreme Court has suggested that the clause protects "the writ as it existed in 1789", meaning that federal judges could issue it as part of their common law authority.
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Federal court jurisdiction
The Supremacy Clause establishes the supremacy of federal law and assumes the underlying priority of federal authority, as long as that authority is expressed in the Constitution. This means that federal law is the "supreme law of the land", and all judges in every state are bound by it. The Supremacy Clause is considered a cornerstone of the United States' federal political structure.
The Supremacy Clause is essentially a conflict-of-laws rule that specifies that certain federal acts take priority over any state acts that conflict with federal law. In other words, a state law will be found to violate the Supremacy Clause if compliance with both federal and state laws is impossible, or if state law obstructs the accomplishment and execution of the full purposes and objectives of Congress.
The Supreme Court has held that under Article III of the Constitution, the federal courts have the final jurisdiction in all cases involving the Constitution and laws of the United States, and that the states therefore cannot interfere with federal court judgments. For example, in Ableman v. Booth, the Supreme Court held that state courts cannot issue rulings that contradict the decisions of federal courts, citing the Supremacy Clause, and overturning a decision by the Supreme Court of Wisconsin.
In addition to the Supreme Court, lower federal courts also have jurisdiction over cases involving the Constitution and federal law. This is known as federal-question jurisdiction. Federal-question jurisdiction allows plaintiffs to sue in federal court for an injunction or a declaratory judgment when a state law or policy is alleged to violate the Constitution.
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State court jurisdiction
The US Constitution creates a federal system of government in which power is shared between the federal government and the state governments. Both the federal government and each of the state governments have their own court systems. The term 'jurisdiction' can be understood as a court's power. Any court possesses jurisdiction over matters only to the extent granted to it by the Constitution and/or legislation of sovereignty on behalf of which it functions. For example, a state court in Mississippi may need statutory permission from the Mississippi legislature to hear certain types of cases.
In the 1876 case of Claflin v. Houseman, the Supreme Court held that state courts could hear cases arising under federal bankruptcy law. The Court reasoned that the laws of the United States are binding on the citizens and courts of the several States. The United States is a concurrent and paramount sovereignty within its jurisdiction. The Court thus held that the State courts have concurrent jurisdiction whenever, by their own constitution, they are competent to take it.
In another case, the Court emphasised that the federal government does not have the power to enlarge or regulate the jurisdiction of state courts, or to control or affect their modes of procedure. Instead, it can only determine when state courts must hear federal claims that fall within their ordinary jurisdiction, as prescribed by local laws. For example, in Testa v. Katt, the Rhode Island Supreme Court declined to enforce a federal statute containing a punitive damages provision, finding that the law was penal in nature and the state was not required to enforce the penal laws of a 'foreign' government.
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Frequently asked questions
Yes, a federal judge can void a state law if it is found to be in violation of the Supremacy Clause, which establishes federal law as the law of the land.
The Supremacy Clause is a constitutional provision that identifies the supremacy of federal law and assumes the underlying priority of federal authority.
Yes, a federal court is not bound by state court judgments on federal questions. For example, in Ableman v. Booth, the Supreme Court held that state courts could not nullify the judgments of a federal court.
No, the Supremacy Clause only applies when there is a conflict between federal and state law. The Tenth Amendment to the United States Constitution also states that the federal government only has the powers that are delegated to it by the Constitution.
Yes, the Supremacy Clause takes precedence over any state acts, including state constitutions.
