Congress Vs State Law: Who Has The Final Say?

The United States operates under a federalist framework, with federal laws at the top of the legal hierarchy, followed by state laws, and then local laws. Federal laws are established by Congress and apply to the entire country. The US Constitution serves as the supreme law of the land, and any federal law that conflicts with it is considered invalid. Federal laws can supersede state and local laws if they explicitly state their intention to do so or if there is a conflict between the two. This constitutional principle, derived from the Supremacy Clause, is called federal preemption. It applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act of 1965, an act of Congress, supersedes state constitutions, and Food and Drug Administration regulations may supersede state court judgments in cases involving prescription drugs.

The Supremacy Clause

> "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Under the Supremacy Clause, federal law can preempt state law either expressly or impliedly. Express preemption occurs when a federal statute contains explicit language stating that it supersedes state law. On the other hand, implied preemption happens when the intent to supersede state law is implicit in the structure and purpose of the federal law or when federal law dominates a field that a state law seeks to regulate. The Supreme Court has played a significant role in interpreting and applying the Supremacy Clause, including in cases such as Ware v. Hylton (1796), McCulloch v. Maryland (1819), and Medellín v. Texas (2008).

Federal law superseding state law

The Supremacy Clause, introduced as part of the New Jersey Plan during the Philadelphia Convention in 1787, asserts the supremacy of federal law over state law. The clause, which is considered a cornerstone of the United States' federal political structure, establishes that the Constitution, federal laws, and treaties made under the authority of the United States are the "supreme Law of the Land." This means that federal laws take priority over any conflicting state laws or constitutions.

The Supremacy Clause assumes the underlying priority of federal authority, provided that it is expressed in the Constitution. It does not grant Congress additional powers but instead addresses the legal status of the laws that the Constitution empowers Congress to make, as well as the legal status of treaties and the Constitution itself. The core message of the Supremacy Clause is that federal law supersedes state law when a conflict arises between the two.

Federal preemption, derived from the Supremacy Clause, can arise in any area over which Congress has authority but is most prevalent in areas where Congress and the states share authority, such as the power to lay and collect taxes. Express preemption occurs when Congress explicitly states that a statute preempts federal law, typically through a preemption clause in the statute. On the other hand, implied preemption occurs when state and federal laws directly conflict or when federal laws dominate a field that a state law seeks to regulate.

Courts play a crucial role in interpreting and applying the Supremacy Clause. They decide numerous cases annually, determining whether a federal statute should preempt a particular aspect of state law. In cases where the relevant federal statute includes a preemption clause, the key dispute revolves around interpreting the clause's meaning and scope. The Supreme Court has ruled on several landmark cases involving federal preemption, including Altria Group v. Good, Arizona v. United States, Sperry v. Florida, and Gade v. National Solid Wastes Management Association.

Treaties superseding state law

The Supremacy Clause of the U.S. Constitution establishes that the Constitution, federal laws, and treaties are the "supreme law of the land". This means that when there is a conflict between federal and state law, the federal law will supersede the state law. This is known as "preemption".

The Supremacy Clause states:

> This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Treaties made under the authority of the United States are thus incorporated into U.S. federal law in the same way as an act of Congress. Treaties are also subject to judicial interpretation and review, and courts have consistently recognized them as legally binding under the Constitution.

In practice, determining whether federal law preempts state law can be complex and requires an extensive analysis. Preemption can arise in any area over which Congress has authority, but it is most often an issue in areas where Congress and the states share authority. The Supreme Court has held that Congress can abrogate a treaty by legislative action, even if this violates the treaty under international law.

In the case of Ware v. Hylton in 1796, the U.S. Supreme Court applied the Supremacy Clause for the first time, ruling that a treaty superseded conflicting state law. The Court has also enforced statutory provisions that supersede prior treaty engagements. However, there is debate over whether a treaty has ever been held to supersede an inconsistent statute without the assent of Congress.

Congressional intent

The Supremacy Clause of the US 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. This is commonly known as "preemption".

The Supremacy Clause was a response to problems with the Articles of Confederation, which lacked a provision declaring federal law superior to state law. As a result, during the Confederation era, federal statutes did not bind state courts unless there was state legislation implementing them. The Supremacy Clause was ratified in 1788, and in its early cases, the Supreme Court invoked the Clause to conclude that federal treaties and statutes superseded inconsistent state laws.

Congress can include specific language in a statute that expressly preempts state law. However, even in the absence of such language, preemption could be implied by other factors. For example, in the 1976 Medical Device Regulation Act, Congress preempted all state regulation. In other cases, such as labels on prescription drugs, Congress allowed federal agencies to set federal minimum standards while still allowing for more stringent state regulations.

The Supreme Court has the final say in matters involving federal law and can overrule decisions by state courts. The Court has identified different subcategories of implied preemption, including field preemption, which occurs when federal law is so pervasive that it is reasonable to infer that Congress left no room for the states to supplement it, or when the federal interest is so dominant that it will be assumed to preclude enforcement of state laws on the same subject.

Hierarchy of laws

The US Constitution establishes a hierarchy of laws, with federal law at the top, followed by state law. This is known as the "Supremacy Clause", which states that the Constitution, federal laws, and treaties made under the authority of the US take precedence over any conflicting state laws. This clause can be found in Article VI, Section 2 of the Constitution, and it grants Congress the power to make laws that supersede state laws, even without an express preemption clause.

The Supremacy Clause was first applied in the 1796 case of Ware v. Hylton, where the US Supreme Court ruled that a treaty superseded conflicting state law. The core message of the Supremacy Clause is that the Constitution and federal laws take priority over any conflicting state laws. This was further emphasised by the Supreme Court in Altria Group v. Good (2008), stating that "state laws that conflict with federal law are without effect".

Congress can include specific language in a statute that preempts state law, but even without such explicit language, preemption can be implied by other factors. This occurs when state and federal laws directly conflict or when federal law dominates a field that a state law seeks to regulate. For example, the Voting Rights Act of 1965, an act of Congress, takes precedence over state constitutions, and Food and Drug Administration regulations may override state court judgments regarding prescription drugs.

It's important to note that the hierarchy of laws in the US legal system consists of four levels: the Constitution, statutes, administrative regulations (equal in weight to statutes), and case law (court opinions). This hierarchy guides legal research and interpretation, ensuring that laws are followed and conflicts are resolved.

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