State Vs Federal Law: Who Wins?

In the United States, the federal government has the power to make laws that override state laws in certain areas. For example, the federal government can regulate anything that impacts commerce across state lines. This includes the decriminalization of marijuana, which falls under the interstate commerce clause. While states have the power to make laws, federal law takes precedence if there is a conflict and the Constitution grants the federal government the relevant power.

Federal law overrides state law

In the United States, federal law does override state law, but only if the Federal government has jurisdiction. This means that the states are sovereign but have ceded some aspects of their sovereignty to the USA.

In some cases, the ceding is absolute. For example, states cannot enter treaties with foreign powers. In other cases, the states still have the power to make laws, but where the Constitution says the Federal government also has the power, Federal law takes precedence if there is a conflict. The Constitution must grant the Federal government the relevant power; they cannot make laws about anything.

The Federal government is allowed to regulate anything that impacts commerce that crosses state lines. The Supreme Court has ruled that commerce that happens entirely within one state can still trigger this power if it can impact interstate commerce, for example, by affecting prices in other states.

An example of this dynamic is the issue of the decriminalization of marijuana. While some states have voted to make marijuana legal, it remains illegal under federal law. The Federal government's power to regulate marijuana stems from the interstate commerce clause, as mentioned above.

State sovereignty

The concept of state sovereignty in the United States refers to the idea that states are sovereign entities with the power to make their own laws and govern themselves. This sovereignty, however, exists within the broader framework of the US Constitution, and states have ceded certain aspects of their sovereignty to the federal government.

While states have the power to make laws, the US Constitution grants the federal government authority over certain areas, such as the ability to enter treaties with foreign powers. In cases where state law conflicts with federal law, federal law generally overrides state law if the federal government has jurisdiction. This is because the US Constitution is the supreme law of the land, and it establishes the powers of the federal government while also limiting the powers of the states.

For example, the federal government is allowed to regulate anything that impacts commerce that crosses state lines. This includes areas that may seem like they should be solely under state control, such as the legalization of marijuana. If the federal government determines that marijuana legalization in one state can impact interstate commerce, such as by affecting prices in other states, then it can assert its authority and override state law.

It is important to note that the relationship between state and federal law is complex and nuanced. While federal law generally takes precedence, there may be instances where state law applies or where the two levels of government share jurisdiction. Additionally, states can challenge federal laws that they believe exceed the federal government's constitutional authority through the judicial system, particularly the Supreme Court.

Federal government jurisdiction

Federal law overrides state law, but only if the Federal government has jurisdiction. The states are considered sovereign but have ceded some aspects of their sovereignty to the USA. In some cases, like the ability to enter treaties with foreign powers, the ceding is absolute—the states cannot do that. In other cases, the states still have the power to make laws, but where the Constitution says the Federal government also has the power, Federal law prevails in the event of a conflict.

The Constitution must grant the Federal government the relevant power; they cannot make laws about anything. The Federal government is allowed to regulate anything that impacts commerce that crosses state lines. If it can impact interstate commerce, for example, by affecting prices in other states, then the Federal government has jurisdiction.

An example of this is the issue of marijuana. The Federal government has jurisdiction over marijuana due to the interstate commerce clause. This is despite the fact that commerce that happens entirely within one state would not usually trigger that power.

Another example is the issue of banks, which also operate across state lines and are federally regulated.

Federal law and state law conflict

In the United States, federal law and state law sometimes conflict. The US Constitution grants the federal government certain powers, and when federal and state laws clash, federal law prevails if the Constitution gives the federal government the power to act in a particular area. For example, the federal government is allowed to regulate anything that impacts commerce that crosses state lines. This includes the ability to enter treaties with foreign powers, where the ceding is absolute, and states cannot do this.

However, states still have the power to make laws in areas where the Constitution gives the federal government power, but if a conflict arises, federal law wins. This can be complicated, as the federal government's power to regulate commerce that happens entirely within one state is disputed. The Supreme Court has ruled that if commerce within a state can impact interstate commerce, such as by affecting prices in other states, then the federal government has jurisdiction.

An example of this conflict is the issue of the decriminalization of marijuana. While some states have voted to legalize marijuana, it remains illegal under federal law. Banks, for example, operate across state lines and are federally regulated, so they must follow federal law regarding marijuana, even when operating in a state where it has been legalized.

Another example is the issue of advocating for the overthrow of the government. 18 U.S.C. § 2385 makes it illegal to advocate, abet, advise, or teach the overthrow of the federal, state, or local government by force or violence. This includes printing, publishing, or distributing materials that advocate for this, as well as organizing groups to promote this cause. While some argue that this law is necessary to protect the country from groups seeking to overthrow democracy, critics claim that it stifles free speech and activism.

State law and federal decriminalisation

In the United States, federal law takes precedence over state law in cases where there is a conflict between the two. This is based on the Supremacy Clause of the United States Constitution. However, the federal government cannot just make laws about anything; the Constitution must grant it the relevant power.

In the case of cannabis, for example, the federal government has the power to regulate anything that impacts commerce across state lines. This includes cannabis, even if it is only sold and purchased within one state. At the federal level, cannabis remains prohibited for any use under the Controlled Substances Act of 1970. However, several states have passed laws to partially or fully decriminalize certain marijuana possession offences. In most of these states, these offences are treated like minor traffic violations.

The Justice Department has generally not enforced federal law in states that have legalized recreational cannabis. In 2013, the Department of Justice issued a statement, often referred to as "the Cole memo", clarifying their approach to enforcement. The statement identified several enforcement areas that federal law enforcement would continue to pursue, while making it clear that states in which cannabis use is legal are responsible for establishing strict regulatory systems. In December 2020, a bill to remove cannabis from the Controlled Substances Act was passed by the U.S. Congress. In December 2023, President Biden issued a blanket pardon for simple possession of marijuana, attempted possession, or use of marijuana in violation of federal and D.C. laws.

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