Congress Vs State Law: Who Has The Final Say?

The United States operates under a federalist framework, with a multi-level legal system. Federal laws are at the top of this hierarchy, followed by state laws, and then local laws. Federal laws are established by Congress and apply to the entire country. The US Constitution is 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. Federal preemption can occur in any area over which Congress has authority, but it is most often an issue in areas where Congress and the states share authority.

Congress can override presidential vetoes

The United States government is divided into three branches, each with its own powers and responsibilities. The President has the power to veto acts of Congress, and Congress has the power to override the President's veto. This system of "checks and balances" is intended to prevent the misuse or abuse of power by any one branch.

The presidential veto is a powerful tool that allows the President to block measures passed by Congress that they find unconstitutional, unjust, or unwise. However, Congress can override a presidential veto if both houses of Congress vote to pass the law again by a two-thirds majority. This process, known as an "override," demonstrates the balance of power between the executive and legislative branches of the US government.

The first successful override of a presidential veto occurred in 1845 during the lame-duck period of President John Tyler's administration. The House and Senate passed a bill prohibiting the President from authorizing the construction of Revenue Marine Service (Coast Guard) ships without approved appropriations from Congress. President Tyler vetoed the bill to protect existing contracts and retain presidential prerogative. However, the Senate overturned the veto with only one dissenting vote, and the House voted 126-31 in favor of an override, nullifying Tyler's veto.

Since then, Congress has overridden presidential vetoes on several occasions, although it is a relatively rare occurrence, with less than five percent of presidential vetoes being overridden. Some notable examples include the override of President Harding's veto of the Soldiers' Adjusted Compensation Act in 1922, and the override of President Nixon's veto of S. 518, an act to abolish the Offices of the Director and Deputy Director of the Office of Management and Budget, in 1973.

Congress can propose amendments to the Constitution

Congress has the authority to propose amendments to the Constitution. This is derived from Article V of the Constitution. For an amendment to be proposed, two-thirds of both Houses must deem it necessary. This is the only method that has been used to propose amendments to the Constitution thus far. The alternative method, which has never been used, is for Congress to call a convention for proposing amendments upon the request of two-thirds of the states.

Congress has approved only 33 proposed amendments by the requisite two-thirds vote. There have been at least 11,000 proposals to amend the Constitution introduced in Congress, but they were not approved by the two-thirds majority in each house required for submission to the states for ratification. The states have ratified 27 amendments.

Congress proposes an amendment in the form of a joint resolution. The original document is forwarded directly to NARA's Office of the Federal Register (OFR) for processing and publication. The OFR adds legislative history notes to the joint resolution and publishes it in slip law format. The OFR also assembles an information package for the states, which includes formal "red-line" copies of the joint resolution, copies of the joint resolution in slip law format, and the statutory pro.

Once a proposed amendment is ratified by three-fourths of the states (38 out of 50), it becomes part of the Constitution. The Archivist of the United States, who heads the National Archives and Records Administration (NARA), is responsible for administering the ratification process. The Archivist has delegated many of the duties associated with this function to the Director of the Federal Register.

Congress can regulate commerce

The Commerce Clause, or Article 1, Section 8, Clause 3 of the U.S. Constitution, gives Congress the power "to regulate commerce with foreign nations, among states, and with the Indian tribes". This clause has been interpreted broadly by courts throughout much of U.S. history, with the Supreme Court holding in 1824 that intrastate activity could be regulated under the Commerce Clause if it is part of a larger interstate commercial scheme.

Congress has used the Commerce Clause to justify exercising legislative power over state activities and their citizens, leading to ongoing controversy over the balance of power between federal and state governments. The interpretation of the clause has been disputed, with some arguing that "commerce" refers simply to trade or exchange, while others claim it describes broader commercial and social intercourse between citizens of different states.

The Supreme Court has recognised Congress's power to regulate commerce in several cases. In NLRB v. Jones & Laughlin Steel Corp (1937), the Court held that an activity was considered commerce if it had a "substantial economic effect" on interstate commerce. This was further supported by the cases United States v. Darby and Wickard v. Filburn, which demonstrated the Court's willingness to interpret the Commerce Clause broadly.

However, in United States v. Lopez (1995), the Supreme Court attempted to curtail Congress's broad legislative mandate under the Commerce Clause by adopting a more conservative interpretation. In this case, the defendant argued that the federal government had no authority to regulate firearms in local schools. The Court agreed, holding that Congress only has the power to regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce.

In summary, while Congress can regulate commerce under the Commerce Clause, the interpretation of this clause has evolved over time, and the Supreme Court has played a significant role in defining its scope and application to state laws.

Congress can control the federal budget

Congress has a significant role in controlling the federal budget. While there is no single piece of legislation that establishes the annual federal budget, Congress makes spending and tax decisions through various legislative actions. The federal budget process begins on the first Monday in February each year and is expected to conclude by October 1, the start of the new Federal Fiscal Year.

The process starts with the President submitting a proposed budget to Congress, including estimated spending, revenue, and borrowing levels. Congress is not obligated to adopt the President's budget and often makes significant changes. Congress can establish a "Congressional Budget" in statute, setting new appropriation targets. They can also implement budget-control mechanisms to prevent tax and spending legislation from increasing the deficit. For example, the 2010 Statutory Pay-As-You-Go (PAYGO) Act requires that any legislative changes increasing projected deficits must be "offset" by changes that reduce deficits.

Congress controls spending through budget authority, which is the permission granted to an agency or department to commit to spending money. This is distinct from outlays, which refer to the actual expenditure of cash. Direct spending, once authorized, continues until revised through the authorization process. Attempts to control spending may involve capping expenditures, reducing eligibility, or limiting payments. Discretionary spending, subject to the annual appropriations process, includes funding for transportation, environmental programs, job training, and education.

Congress can also influence the budget through the passage of bills. The President has the option to sign the bill, veto it, or allow it to become law without a signature. If the budget process is not completed by October 1, a "Continuing Resolution" must be passed and signed to extend current funding and avoid a government shutdown.

Congress can declare war

The United States Constitution grants Congress the power to declare war. This power is derived from the Declare War Clause, which states that only Congress can "place the nation in a state of war". This clause has been interpreted broadly to include not only formal declarations of war but also statutory authorizations for the use of military force. For example, after the September 11, 2001 attacks, Congress authorized the President to use force against those responsible, without issuing a formal declaration of war.

The Declare War Clause is an important check on the President's power as the nation's voice in foreign affairs. It ensures that the President cannot initiate hostilities without Congress's approval. This was affirmed by the Supreme Court in the early 19th century in cases such as Bas v. Tingy (1800), which referred to Congress's broad powers over war-making. However, the exact scope of the Declare War Clause remains contested, with some arguing for a narrow interpretation that gives Congress only the power to communicate about war.

In modern times, courts have generally avoided deciding war-initiation cases on their merits, instead relying on rules that limit the types of disputes they can resolve. This has contributed to the unsettled nature of the law surrounding the Declare War Clause. One exception is the Prize Cases in 1863, where the Supreme Court upheld President Lincoln's blockade of the southern states as a defensive measure, but did not clarify whether his authority came from Congress or the Constitution.

Congress's power to declare war is just one example of how federal law can supersede state law. The Supremacy Clause of the Constitution establishes the supremacy of federal law and treaties over conflicting state laws. This clause has been interpreted to mean that federal statutes and treaties are the "supreme law of the land", taking precedence over any state laws or constitutions. For example, the Voting Rights Act of 1965, an act of Congress, preempts state constitutions, and Food and Drug Administration regulations can supersede state court judgments related to prescription drugs.

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