Congressional Power Play: Law Change Prevention?

Congress can pass federal laws that nullify or invalidate state and local laws, but it cannot directly modify state laws. The U.S. government can directly modify the laws of the District of Columbia, Puerto Rico, or other self-governing territories because they are not part of U.S. states. Congress cannot enact a law that compels states to enact a certain law, but the Senate may stipulate conditions to a treaty in the form of amendments, reservations, understandings, declarations, statements, interpretations, and statements in committee reports.

The federal government can modify the laws of self-governing territories like Puerto Rico

Congress can pass federal laws that preempt, nullify or invalidate state and local laws, but it cannot directly modify state laws. However, the US government can directly modify the laws of the District of Columbia, Puerto Rico, and other self-governing territories because they are not part of US states. This authority is granted to Congress under Section 8 of Article I of the US Constitution, and is limited primarily by Section 2 of the Twenty-First Amendment, which arguably forbids Congress from modifying the alcohol laws and regulations of these self-governing possessions.

Puerto Rico is a self-governing territory of the United States, and its residents have been US citizens since 1917. The Commonwealth structure provides for self-government in respect of internal affairs and administration, subject to the Constitution and laws of the United States. The will of the people of Puerto Rico regarding their political status should be ascertained periodically by means of a general right of referendum or specific referenda sponsored either by the US government or the Legislature of Puerto Rico.

In 1993, the United States Court of Appeals for the Eleventh Circuit stated that Congress may unilaterally repeal the Puerto Rican Constitution or the Puerto Rico Federal Relations Act of 1950 and replace them with any rules or regulations of its choice. In a 1996 report on a Puerto Rico status political bill, the US House Committee on Resources stated that Puerto Rico's current status does not meet the criteria for any of the options for full self-government.

The Senate may stipulate conditions to a treaty in the form of amendments, reservations, understandings, declarations, statements, interpretations, and statements in committee reports. An “amendment” makes actual changes in the language of the treaty. The term “reservation” in treaty-making, according to general international usage, means a formal declaration by a state, when signing, ratifying, or adhering to a treaty, which modifies or limits the substantive effect of one or more of the treaty’s provisions as between the reserving state and other states party to the treaty.

Congress can pass federal laws that nullify state and local laws

Congress can also directly modify the laws of the District of Columbia, Puerto Rico, or other self-governing territories because they are not part of US states. This authority is granted to Congress under Section 8 of Article I of the US Constitution, and is limited primarily by Section 2 of the Twenty-First Amendment, which arguably forbids Congress from modifying the alcohol laws and regulations of these self-governing possessions of the United States.

The Senate may also stipulate conditions to a treaty in the form of amendments, reservations, understandings, declarations, statements, interpretations, and statements in committee reports. An 'amendment' makes actual changes in the language of the treaty. The term 'reservation' in treaty-making, according to general international usage, means a formal declaration by a state, when signing, ratifying, or adhering to a treaty, which modifies or limits the substantive effect of one or more of the treaty's provisions as between the reserving state and other states party to the treaty.

In addition, the first prominent historical attempt at nullification occurred in response to the Alien and Sedition Acts of 1798. These Acts, passed by the Federalist-controlled Congress under President John Adams, empowered the president to deport foreign nationals deemed dangerous and criminalised making false statements critical of the federal government. Vice President Thomas Jefferson secretly drafted the Kentucky Resolutions, declaring the Acts unconstitutional and asserting that states had the authority to nullify federal laws within their borders. Jefferson argued that the Constitution was a compact among states, and each state retained the power to judge the constitutionality of federal actions.

The Senate can stipulate conditions to a treaty in the form of amendments, reservations, and declarations

Congress can pass federal laws that nullify or invalidate state and local laws, and it can incentivise states to modify their laws, but it cannot directly modify state laws itself. Congress also cannot enact a law that compels states to enact a certain law.

Congress cannot enact a law that compels states to enact a certain law

Congress can, however, pass criminal legislation to implement a treaty obligation. For example, the Ninth Circuit Court of Appeals concluded that Congress may outlaw the unregistered movement within a state of a federally convicted sex offender who is on supervised release.

In addition, Congress can directly modify the laws of the District of Columbia, Puerto Rico, or other self-governing territories because they are not part of U.S. states. This authority is granted to Congress under Section 8 of Article I of the U.S. Constitution.

Seven Justices in National Federation concluded that Congress's power under the Spending Clause may not be used to compel states to accept the expansion of a federal regulatory regime or face draconian economic consequences. In New York v. United States, the Court noted that Congress could not rely on the Commerce Clause to commandeer the legislative and regulatory processes of the states to enforce a federal program for the disposal of radioactive waste.

The House of Representatives can override a presidential veto with a two-thirds vote

Congress can pass federal laws that nullify or invalidate state and local laws, and it can give states an incentive to modify state laws, but it cannot actually modify state laws directly. The U.S. government can also directly modify the laws of the District of Columbia, Puerto Rico, or other self-governing territories because all of them are not part of U.S. states.

Frequently asked questions