State Law Vs Constitution: Who Wins?

The United States Constitution grants the federal government and the states shared power, with the federal government having the final say in law. This means that federal laws always prevail over state laws, as outlined in the Supremacy Clause, which is found in Article VI of the Constitution. This clause dictates that federal law reigns supreme when there is a conflict between state and federal law. However, federal statutes and treaties must be within the parameters of the Constitution and not violate constitutional limits on federal power, such as the Bill of Rights. This complex interplay between state and federal laws has led to legal discrepancies in various areas, including drug laws and civil rights issues.

Supremacy Clause

In the United States, state and federal laws often interact in complicated ways. While both levels of government create their own laws, the U.S. Constitution gives the federal government the final say in lawmaking, with federal laws taking precedence over state laws. This is to avoid conflicts between state and federal laws and to keep the United States united.

The Supremacy Clause, found in Article VI of the Constitution, establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. The Supremacy Clause is essentially a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law.

The Supremacy Clause was a response to problems with the Articles of Confederation, which lacked a provision declaring federal law superior to state law. During the Confederation era, federal statutes did not bind state courts in the absence of state legislation implementing them. The Supremacy Clause was introduced as part of the New Jersey Plan during the Federal Convention of 1787, passing unanimously. It was not a major source of disagreement at the convention but generated controversy during debates over the Constitution's ratification.

While federal statutes and treaties are considered the "supreme law of the land", they must be within the parameters of the Constitution. In other words, they must be pursuant to the federal government's enumerated powers and not violate other constitutional limits on federal power, such as the Bill of Rights. The Tenth Amendment to the United States Constitution is particularly relevant here, as it states that the federal government only has the powers delegated to it by the Constitution.

The Supreme Court has played a significant role in interpreting and applying the Supremacy Clause. The Court has recognised several types of preemption, including express and implied preemption. Federal law expressly preempts state law when it contains explicit language to that effect. On the other hand, federal law impliedly preempts state law when that intent is implicit in its structure and purpose. The Court has also developed the doctrine of field preemption, which holds that some federal legislation implicitly prevents states from adopting any laws regulating the same general subject. In cases of conflict between federal and state laws, the Supreme Court has the power of judicial review, allowing it to invalidate a statute for violating a provision of the Constitution.

Federal preemption

In the United States, federal laws are the highest authority, but states also have their own laws. The federal government and the states share power, and both levels of government create their own laws. However, the US Constitution gives the federal government the final say in lawmaking, and federal laws always prevail over state laws. This is known as the Supremacy Clause, which is found in Article VI, section 2 of the US Constitution.

The Supremacy Clause establishes that the Constitution, federal laws made under it, and treaties made under its authority are the "supreme Law of the Land", and thus take priority over any conflicting state laws. This means that federal laws supersede or displace state laws when there is a conflict. This is called "preemption".

Preemption can occur in three main situations: when a state law conflicts with the regular enforcement or exercise of federal law; when there is an outright conflict, meaning when an ordinance directly opposes a state law; and when there is express preemption, where the state law directly opposes a local power.

There is also a concept called implied preemption, which is more controversial and harder to establish. Implied preemption occurs when: a local ordinance prohibits an act permitted by the state legislature; a local ordinance permits an act prohibited by the state legislature; or there is clear legislative intent that the "field" is preempted by state law. The "field" refers to an area where there is an extensive scope of state regulation, reflecting a state intent to preempt all local regulations in a particular area.

In practice, determining whether federal law preempts state law requires an extensive analysis. An example of preemption is the Villas at Parkside Partners v. City of Farmers Branch case, where the Court ruled that an ordinance requiring individuals to obtain a license before residing in a rented apartment conflicted with pre-existing federal law.

State preemption

In the United States, state preemption is the invalidation of some action by, or the wresting of power from, a portion of the state government. This is often a municipality or other part of the state government that only exercises power within a certain geographical area, such as a county. Preemption is often used when there is a political disagreement between the state legislature and municipal governments.

The extent of a state's ability to preempt local government depends on a variety of factors. These include whether the state grants local governments the power to govern (known as Home Rule) or whether the state follows Dillon's Rule, which only permits local governments to legislate where a state has expressly allowed.

In recent years, preemption has been increasingly abused, leveraged to prohibit local governments from advancing policies meant to address and advance equity, public health, worker protections, and climate change, among other issues. Preemption is often used to uphold racist and inequitable structures, pushed by majority-white and GOP-controlled legislatures. For instance, more than half of US states preempt local minimum wage laws, and many ban local paid sick day laws and fair scheduling laws.

The Supremacy Clause, found in Article VI of the US Constitution, states that federal laws are more important than state laws. This means that federal laws always prevail over state laws, and that federal statutes and treaties are regarded as the "supreme law of the land". However, federal statutes and treaties must be within the parameters of the Constitution and not violate constitutional limits on federal power, such as the Bill of Rights.

Federal civil rights laws

In the United States, federal civil rights laws protect people from discrimination, and state laws cannot weaken these protections. For example, if a state law allows discrimination, it may be illegal under federal law.

The Civil Rights Act of 1964 is considered the most important U.S. law on civil rights since Reconstruction (1865-1877) and is a landmark of the American civil rights movement. The Act was signed into law by President Lyndon B. Johnson on July 2, 1964, and it prohibits discrimination based on race, color, religion, or national origin. The Act also calls for the desegregation of public schools, broadens the duties of the Civil Rights Commission, and assures nondiscrimination in the distribution of funds under federally assisted programs. Title VII of the Act bans discrimination by trade unions, schools, or employers involved in interstate commerce or doing business with the federal government.

Federal law takes precedence over state law in the United States, as outlined in the Supremacy Clause of the Constitution. This clause establishes that the Constitution, federal laws made under it, and treaties made under its authority are the "supreme Law of the Land," taking priority over conflicting state laws. Federal statutes and treaties, however, must be within the parameters of the Constitution and the federal government's enumerated powers. The Supremacy Clause helps avoid conflicts between state and federal laws and keeps the United States united.

State constitutions

The US Constitution's Supremacy Clause (Article VI, Clause 2) establishes that the Constitution, federal laws made under it, and treaties made under its authority are the "supreme Law of the Land". This means that federal laws take priority over any conflicting state laws. Federal laws are the highest authority, but states also have their own laws.

Federal civil rights laws, for example, protect people from discrimination. States can strengthen these protections but they cannot weaken them. If a state law allows discrimination, it may be illegal under federal law. States can have their own environmental rules that are stricter than federal rules, but they cannot go against federal regulations. Same-sex marriage and marijuana use are two examples of laws that differ between states and the federal government. While some states have legalised marijuana for medical or recreational use, citizens of any state can still face federal charges for possessing marijuana as it is still illegal under federal law.

State preemption has been used more aggressively in recent years, particularly by red states against blue cities. Under this doctrine, a state government can nullify a local law that conflicts with, or deviates from, state law. For example, in December 2021, the city of Seaford, Delaware, enacted an ordinance mandating that all fetal remains resulting from an abortion or miscarriage be cremated or interred. The state attorney general challenged the local law, arguing that the Seaford ordinance conflicted with Delaware’s statewide statutory scheme for the disposal of human remains.

The Supremacy Clause also nullifies federal law that conflicts with the Constitution, although this is disputed. Federal statutes and treaties must be within the parameters of the Constitution and pursuant to the federal government's enumerated powers.

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