State Laws: Constitutional Violation?

The United States Constitution, federal laws made under it, and treaties made under its authority are all considered the supreme Law of the Land according to the Supremacy Clause (Article VI, Clause 2). Federal authority takes precedence over state laws, and the Supreme Court has the final say in matters of federal law and constitutional interpretation. The Supreme Court can overrule state court decisions and invalidate state laws that violate the Constitution. This power of judicial review allows the Supreme Court to strike down state laws found to be unconstitutional, such as in the case of United States v. Peters, where a Pennsylvania statute was deemed unconstitutional as it attempted to annul the judgment of a federal court.

The Supremacy Clause

Federal law can preempt state law either expressly or impliedly. Express preemption occurs when federal law contains explicit language stating its supremacy over state law. On the other hand, implied preemption happens when the intent to preempt state law is implicit in the structure and purpose of federal law. Field preemption, a type of implied preemption, occurs when federal law is so pervasive that it leaves no room for state legislation on the same subject or when the federal interest is so dominant that it precludes state law enforcement.

State laws and the Constitution

The Constitution of the United States is the supreme law of the land, and state laws cannot violate it. The Supremacy Clause (Article VI, Clause 2) establishes the Constitution, federal laws made under it, and treaties made under its authority as the "supreme Law of the Land", taking priority over conflicting state laws. This clause assumes the priority of federal authority, and state constitutions are subordinate to it.

The Supreme Court has the final say in matters of federal law and constitutional interpretation, and it can overrule state court decisions. The Court's power of judicial review allows it to invalidate state laws that violate the Constitution. For example, in McCulloch v. Maryland (1819), the Supreme Court reviewed a tax levied by Maryland on the federally incorporated Bank of the United States. The Court found that the tax violated the Supremacy Clause as it gave the state power over a federal institution, which would make the states superior to the federal government. In another case, United States v. Peters (1809), the Supreme Court held that a Pennsylvania statute prohibiting the execution of any process to enforce a federal court sentence could not annul the judgment of a court of the United States.

State laws that have been held unconstitutional include a Minnesota statute repealing tax exemption laws, which impaired the obligation of contracts; a Kansas statute regulating public stockyards that violated the Equal Protection Clause; and a Kentucky constitutional provision on long and short-haul railroad rates that was invalid in cases involving interstate shipments.

While the Supremacy Clause establishes the priority of federal law, it is important to note that federal statutes and treaties must still operate within the parameters of the Constitution. They must be pursuant to the federal government's enumerated powers and not violate constitutional limits on federal power, such as the Bill of Rights. The Tenth Amendment states that the federal government only has the powers delegated to it by the Constitution.

Supreme Court's role

The Supreme Court plays a crucial role in ensuring that state laws do not violate the Constitution. The Court has the power of judicial review, which means it can declare a state law unconstitutional and protect constitutional rights. This power is derived from the Supremacy Clause of the Constitution, which establishes that the Constitution, federal laws, and treaties made under its authority are the "supreme Law of the Land."

The Supremacy Clause, found in Article VI, Clause 2 of the Constitution, ensures that federal law takes precedence over state laws. It provides that state courts and constitutions are subordinate to federal law and the Constitution. The Supreme Court has consistently upheld the Supremacy Clause, asserting its authority over state laws and courts.

One notable example is McCulloch v. Maryland (1819), where the Supreme Court reviewed a tax levied by Maryland on the federally incorporated Bank of the United States. The Court found that the state's power to tax a federal institution effectively gave it the power to destroy it, which would be inconsistent with the Supremacy Clause. The Court held that Maryland's tax on the bank was unconstitutional as it violated the Supremacy Clause.

In another case, Ableman v. Booth (1859), the Supreme Court held that state courts could not contradict the decisions of federal courts under the Supremacy Clause. The Court asserted that federal law, as established by the Supremacy Clause, took precedence over state law, and state courts could not nullify federal court judgments.

The Supreme Court's role in striking down state laws that violate the Constitution is essential for maintaining the balance of power between the federal and state governments. The Court ensures that state laws do not infringe on the rights and powers guaranteed by the Constitution, protecting civil liberties and upholding the principles of federalism.

Additionally, the Supreme Court has appellate jurisdiction, which means it can hear cases on appeal that involve constitutional or federal law. The Court receives thousands of petitions for review each year but decides to hear only about 100-150 cases, carefully selecting those that have significant constitutional implications. This discretionary power allows the Supreme Court to shape the development of constitutional law and interpret the Constitution's application in various contexts.

Federal law vs state law

The United States Constitution, federal laws made under it, and treaties made under its authority are all part of the "supreme Law of the Land," according to the Supremacy Clause (Article VI, Clause 2) of the Constitution. This means that they take precedence over any conflicting state laws. State constitutions are subordinate to the supreme law, and state courts are bound by it.

The Supremacy Clause, which grants federal law precedence over state law, is considered a cornerstone of the US federal political structure. It is derived from Article XIII of the Articles of Confederation, which stated that "Every State shall abide by the determination of the [Congress], on all questions which by this confederation are submitted to them."

While federal law generally takes precedence, it is important to note that federal statutes and treaties must be within the parameters of the Constitution. 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 Constitution states that the federal government only has the powers delegated to it by the Constitution.

The Supreme Court has the final say in matters involving federal law and constitutional interpretation. It can overrule decisions by state courts and has the power of judicial review, which allows it to invalidate a statute or law that violates the Constitution. For example, in McCulloch v. Maryland (1819), the Supreme Court found that a tax levied by Maryland on the federally incorporated Bank of the United States violated the Supremacy Clause as it gave states the power to destroy a federal institution. In another case, United States v. Peters (1809), the Supreme Court held that a Pennsylvania statute prohibiting the execution of any process issued to enforce a federal court sentence could not oust the federal court of jurisdiction.

State laws are not immune to constitutional scrutiny, and the Supreme Court has the authority to strike them down if they are found to be in violation of the Constitution. For instance, in Cotting v. Kansas City Stock Yards Co. (1901), a Kansas statute that regulated public stockyards was found to violate the Equal Protection Clause as it applied to only one stockyard company in the state.

Constitutional interpretation

The Supremacy Clause of the US Constitution (Article VI, Clause 2) establishes federal law as the "supreme law of the land", taking precedence over any conflicting state laws. This clause assumes the priority of federal authority, provided it is expressed in the Constitution, and all state constitutions are subordinate to it. The federal government's powers are outlined in the Constitution, and any federal statutes or treaties must be within these constitutional limits.

The Supreme Court has the final say in matters of federal law and constitutional interpretation. It can overrule decisions by state courts and has the power of judicial review, which allows it to declare a state law unconstitutional. The Supreme Court plays an important role in the US constitutional system of government, acting as the court of last resort and ensuring that each branch of government recognizes its power limits.

The Supreme Court's power of judicial review is not explicitly mentioned in the Constitution but is considered its best-known power. The Court can exercise this power to declare a Legislative or Executive act in violation of the Constitution. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, but the Court noted that the Constitution did not permit it to have original jurisdiction in this matter.

Examples of the Supreme Court ruling state laws unconstitutional include:

• United States v. Peters (1809): A Pennsylvania statute prohibiting the execution of any process issued to enforce a federal court sentence was found to be without legal foundation.
• Fletcher v. Peck (1810): A Georgia statute annulling conveyance of public lands authorized by a prior enactment violated the Contracts Clause of the Constitution.
• Duluth & I. R. R. v. St. Louis County (1900): A Minnesota statute repealing tax exemption laws and taxing lands granted to railroads impaired the obligation of contracts.
• Louisville & Nashville R. R. v. Eubank (1902): A Kentucky constitutional provision on long and short-haul railroad rates was held invalid in cases involving interstate shipments.

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