Anaya Nolan
The United States has federal and state governments, with federal laws taking precedence over state laws in the event of a conflict, thanks to the Supremacy Clause in Article VI of the Constitution. This clause ensures unity across the country and prevents confusion that may arise from different states having different laws. However, this does not mean that state laws are always superseded by federal laws. In some cases, state laws can strengthen federal protections, and in others, they can impose more stringent standards than federal laws, as long as they do not go against them.
| Characteristics | Values |
|---|---|
| Supremacy Clause | Federal law supersedes state law |
| Preemption doctrine | Federal law displaces state law |
| State preemption | State government can nullify a local law that conflicts with state law |
| Federal preemption | Federal law supersedes conflicting state law |
| Express preemption | State law directly opposes a local power |
| Implied preemption | Controversial doctrine; occurs when local ordinance prohibits an act permitted by state legislature |
| Outright conflict | When an ordinance directly opposes a state law |
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What You'll Learn
Federal law supersedes state law
The Supremacy Clause ensures that federal law reigns supreme when there is a conflict between state and federal law. This is an important rule in the American legal system, helping to maintain unity across the country and preventing states from having differing laws that could cause confusion and unfairness. For example, federal civil rights laws protect people from discrimination. While states can strengthen these protections, they cannot weaken them.
The preemption doctrine can be applied in three types of conflicts: outright conflict, express preemption, and implied preemption. Outright conflict occurs when a state law directly opposes a federal law. Express preemption happens when a federal law directly opposes a local power. Implied preemption is more controversial and harder to prevent, occurring when a local ordinance permits or prohibits an act that is prohibited or permitted by the state legislature, respectively.
There are several examples of federal law superseding state law. In the case of same-sex marriage, some states had initially banned it, but the federal government deemed these laws unconstitutional, and they were overturned. Another example is the legalization of marijuana in some states, which remains illegal under federal law. Citizens of these states can still face federal charges for possessing marijuana, and businesses that sell it cannot open bank accounts or accept credit cards due to federal law.
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State law supersedes local law
Federal law is the "supreme law of the land", and it applies to everyone in the United States. The Supremacy Clause, found in Article VI of the US Constitution, gives the federal government authority over all state laws. This means that federal law displaces or supersedes state law when there is a conflict between the two. For example, federal civil rights laws protect people from discrimination, and while states can strengthen these protections, they cannot weaken them.
However, state law supersedes local law. State preemption occurs when a state government nullifies a local law that conflicts with or deviates from state law. There are three types of preemption:
- Outright conflict: When an ordinance directly opposes a state law.
- Express preemption: When a state law directly opposes a local power.
- Implied preemption: When a local ordinance prohibits an act permitted by the state legislature, or when a local ordinance permits an act prohibited by the state legislature.
State preemption has been used more aggressively in recent years, often by Republican state governments against Democratic-led cities. For example, the state legislature in Missouri preempted efforts to increase the minimum wage in St. Louis, and several Virginia municipal governments passed firearms resolutions that were preempted by state law.
In some cases, local ordinances will preempt state law. According to City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), if significant interests for a particular issue vary from locality to locality, courts will favor the validity of local ordinances unless the state statute expressly forbids it.
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Federal and state laws conflict on marijuana
Federal and state laws in the United States are often in conflict when it comes to marijuana. Marijuana is illegal under federal law, but several states have passed laws that legalise or decriminalise the substance. While the federal government is free to enforce its marijuana laws, it cannot require state agents to enforce them, as this would be unconstitutional.
The Supremacy Clause of the US Constitution dictates that federal law is the "supreme law of the land", meaning that federal law displaces or preempts state law when they conflict. This is to ensure unity across the country and to prevent different states from having different laws that could confuse citizens and create unfairness.
Despite the federal stance, 18 states, two territories, and the District of Columbia have enacted laws to allow the recreational use of marijuana. Eleven states allow the use of low-THC, high-CBD products for medical reasons. Only three states (Idaho, Kansas, and Nebraska) still do not allow the use of cannabis in any capacity. The conflict between federal and state laws has created a complicated situation for people and businesses in states that have legalised marijuana. For example, businesses that sell marijuana cannot open bank accounts or accept credit cards because banks are prohibited from doing business with them under federal law.
In 2013, the Department of Justice (DOJ) under President Obama's administration, announced that it would not interfere with marijuana operations that complied with state regulations. However, in 2018, under President Trump's administration, the DOJ reversed this policy and authorised federal prosecutors to pursue criminal cases when state and federal marijuana laws conflicted. Nevertheless, federal prosecutions of individuals possessing marijuana are rare, and federal prosecutors bringing marijuana cases run the risk of jury nullification.
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Federal and state laws conflict on same-sex marriage
In the United States, federal and state laws can come into conflict. When this happens, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution. This clause dictates that federal law is the "supreme law of the land", and all state courts are required to follow it.
The legal issues surrounding same-sex marriage in the US are determined by the nation's federal system of government, in which the status of a person, including marital status, is determined by individual states. The history of same-sex marriage in the US dates back to the early 1970s when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention. In 1993, the Hawaii Supreme Court ruled in Baehr v. Miike that the state's prohibition of same-sex marriage might be unconstitutional. This decision was met with actions at both the federal and state levels to restrict marriage to male-female couples, including the enactment of the Defense of Marriage Act (DOMA) at the federal level. DOMA, signed into law in 1996, defined marriage as between a man and a woman, allowing states to deny marriage equality.
Despite these challenges, the movement to obtain marriage rights for same-sex couples expanded steadily. In 2004, Massachusetts became the first US state to legalize same-sex marriage. This provoked a reaction from opponents, resulting in further legal restrictions being written into state statutes and constitutions. However, by late 2014, same-sex marriage had become legal in states that contained more than 70% of the US population, through state courts, state legislation, and federal court decisions. In 2013, California voters passed a law banning same-sex marriage, but the federal government deemed this law illegal, and it was overturned.
The Supreme Court's ruling in Obergefell v. Hodges ended all inter-state legal complications surrounding same-sex marriage, ordering states to perform and recognize the marriages of same-sex couples. Since July 9, 2015, married same-sex couples throughout the US have had equal access to all federal benefits.
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Federal preemption and state preemption
The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority when the two conflict. In the United States, federal law is the higher authority over state law, due to the Supremacy Clause of the Constitution. This means that when a conflict arises between federal and state law, federal law displaces, or preempts, state law.
There are three types of preemption:
- Outright conflict: When a local ordinance directly opposes a state law.
- Express preemption: When a state law directly opposes a local power.
- Implied preemption: This occurs when one of the following happens:
- A local ordinance prohibits an act permitted by the state legislature.
- A local ordinance permits an act prohibited by the state legislature.
- There is clear legislative intent that the "field" is preempted by state law.
Implied preemption is a controversial doctrine because it may be significantly harder to prevent than either outright or express preemption. As such, some states have outlawed it.
In addition, there are two types of implied preemption:
- Field preemption: This occurs when state law addresses an area that has traditionally been a matter for the state, such as the mortgage foreclosure process.
- Conflict preemption: This occurs when it is impossible to comply with both state and federal regulations, or when the state law is an obstacle to the achievement of Congress's objectives.
Federal preemption of state law can occur in various areas. For example, the Voting Rights Act, an act of Congress, preempts state constitutions. Similarly, FDA regulations may preempt state court judgments in cases involving prescription drugs. In some cases, Congress has preempted all state regulation, such as with medical devices. In other cases, Congress has allowed federal regulatory agencies to set national minimum standards, but has not preempted state regulations imposing more stringent standards. For instance, states can have their own environmental rules that are stricter than federal rules, as long as they do not go against federal regulations.
Federal preemption of state law can also be seen in the area of civil rights. Federal civil rights laws protect people from discrimination, and while states can strengthen these protections, they cannot weaken them. For example, if a state law allows discrimination, it may be illegal under federal law.
Another example of federal preemption of state law is in the area of drug crimes. Despite several states decriminalizing or legalizing marijuana, it remains illegal under federal law. As a result, citizens of any state can still face federal charges for possessing marijuana, even if it is legal in their state.
In summary, federal preemption and state preemption refer to the idea that federal law takes precedence over state law when a conflict arises, due to the Supremacy Clause of the U.S. Constitution. This helps to avoid confusion and ensure unity across the country.
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Frequently asked questions
The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict.
The Supremacy Clause, found in Article VI of the US Constitution, gives the federal government authority over all state laws. It explains that federal law is the “supreme law of the land”.
Yes, federal law overrides state law, but only if the Federal government has jurisdiction.
If a person has more rights under state law than they do under federal law, or if state law enforces more responsibility on its citizens than federal law, the state law will prevail.
Same-sex marriage and marijuana use are two examples of laws that are different between states and the federal government. While same-sex marriage is legal in many states, it is not legal in all. Marijuana is illegal under federal law, but some states have passed legislation that legalizes it with a medical card.
