Federal Vs State Law: Who Trumps Whom?

The relationship between federal and state law in the United States is complex and often contentious. While states have the power to make their own laws, the US Constitution gives the federal government the final say, meaning federal laws always prevail over state laws. This is known as the Supremacy Clause, which is outlined in Article VI of the Constitution, and ensures that the country remains united under a single legal system. This clause is not a binary switch, however, and there is room for state law to supplement or stand alongside federal law.

State and federal laws interact in complicated ways, and there are many instances of laws differing between states and the federal government. For example, same-sex marriage and marijuana use are legal in some states but prohibited under federal law. This creates a difficult situation for people and businesses in those states, as they can still be arrested and prosecuted by the federal government.

Marijuana use

The US system of government is one of dual sovereignty, with Congress never intending to preempt state drug laws. The Tenth Amendment of the US Constitution generally delegates police powers to the states and prevents Congress from forcing states to enforce federal policies. This "anti-commandeering rule" prohibits Congress from requiring state agents to enforce federal marijuana laws. As a result, states have the autonomy to legalise marijuana use and create their own regulatory systems, as long as they do not violate federal laws.

However, the Supremacy Clause of the US Constitution (Article VI, Clause 2) establishes that federal law takes precedence when there is a conflict between state and federal law. This ensures unity across the country and prevents confusion and unfairness due to varying state laws. In the context of marijuana use, federal law enforcement may target specific areas, such as driving under the influence or possession on federal property.

While federal prosecutions of individuals possessing marijuana are rare, the conflict between federal and state laws has created challenges in the state-legal marijuana industry. Businesses operating in compliance with state laws face difficulties accessing banking services and capital due to concerns about violating federal anti-money laundering laws. Additionally, individuals and businesses selling marijuana may face criminal investigation and prosecution, depending on the political climate.

To summarise, while states have the autonomy to legalise and regulate marijuana use within their borders, federal law takes precedence in cases of conflict. This dynamic between federal and state laws regarding marijuana use has resulted in legal complexities and practical challenges for individuals, businesses, and law enforcement.

Same-sex marriage

In the United States, federal laws are more powerful than state laws, due to the Supremacy Clause in Article VI of the Constitution. This clause ensures that federal laws are adhered to across the country, preventing states from having different laws on the same issue, which could cause confusion and unfairness.

However, the federal government does not have the power to make laws about any issue. Any power not specifically granted to the federal government is given to the states. For example, states can choose to legalise marijuana, even though it is still illegal under federal law.

Despite this, Massachusetts became the first state to legalise same-sex marriage in 2004. This sparked a reaction from opponents, resulting in further legal restrictions in state statutes and constitutions. However, the movement to obtain marriage rights for same-sex couples expanded, and by late 2014, same-sex marriage had become legal in states containing more than 70% of the US population. This was often achieved through court rulings, state legislation, and federal court decisions.

In 2013, the Supreme Court made key decisions in Hollingsworth v. Perry and United States v. Windsor, which paved the way for marriage equality. Finally, on June 26, 2015, the Supreme Court decision in Obergefell v. Hodges granted same-sex couples in all 50 states the right to full, equal recognition under the law. This decision also meant that married same-sex couples gained equal access to federal benefits.

Abortion

In the United States, federal laws are more important than state laws, and they always prevail over state laws. This is due to the Supremacy Clause, found in Article VI of the Constitution, which ensures unity across the country.

However, this does not mean that a state cannot choose to not enforce a federal law, or pass laws that are contrary to federal law. For example, the federal government does not have the power to interfere in the right to obtain an abortion before viability or when necessary to protect the life or health of a pregnant person. This is a healthcare decision that should be made in consultation with a doctor.

The federal government has incidental powers to pass national laws necessary to support their specifically granted powers. For example, the federal government can withhold federal highway funds if a state defies federal guidance on drinking age. This was seen in the Roe v. Wade case, which was the law for 50 years, where the federal government stripped the right of states to outlaw abortion.

Following the overturning of Roe v. Wade, abortion laws in the United States vary from state to state. Some states prohibit abortion at all stages of pregnancy, while others permit it up to a certain point, and some allow abortion throughout pregnancy. In states where abortion is legal, there may still be restrictions such as parental consent, mandatory waiting periods, and counseling requirements.

Some states have passed trigger laws, which ban abortion, should Roe v. Wade be overturned. For example, Kansas approved anti-abortion legislation in 2013, and in 2015, became the first state to ban the dilation and evacuation procedure, a common second-trimester abortion procedure. However, this law was later struck down by the Kansas Court of Appeals in 2016, and the Kansas Supreme Court affirmed that even without Roe v. Wade, the right to abortion is inherent within the state's constitution.

Other states, such as Georgia, have passed abortion laws that prohibit abortions after a fetal heartbeat is detected, usually around six weeks following the last menstrual period. This law was initially blocked by a federal judge but was reinstated after the Dobbs ruling. While this law was ruled unconstitutional by the Supreme Court of Georgia, it was later restored by the Fulton Superior Judge, who found that the state constitution protects a right to privacy, and that access to abortion before fetal viability is part of that right.

Gun control

In the United States, federal laws are more powerful than state laws. This is due to the Supremacy Clause, found in Article VI of the Constitution, which ensures that federal laws are more important than state laws. This clause was put in place to safeguard unity across the country and prevent states from having different laws that could confuse people and make things unfair.

However, this does not mean that state laws are insignificant. While the federal government has the final say in the law, each state has its own laws regarding gun control, including who is allowed to own or possess firearms, and there are various state and federal permitting and background check requirements. For example, the Gun Control Act of 1968 prohibits certain classes of people, such as convicted felons, from buying, selling, using, owning, or possessing any firearms or ammunition.

The major differences between federal and state gun laws lie in who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law. It is important to understand both sets of laws to know all the possible ways in which an individual might be breaking the law. For instance, local police cannot arrest someone for violating federal gun laws; only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (ATF), can do so. If local police believe a federal law is being violated, they can notify the ATF or the U.S. Attorney's office in the state.

In conclusion, while federal law takes precedence over state law in the United States, including in the area of gun control, state laws still play a significant role in shaping the legal landscape and can provide additional protections or restrictions.

Supremacy Clause

In the United States, federal laws always prevail over state laws. This is due to the Supremacy Clause, which is found in Article VI of the US Constitution. The Supremacy Clause establishes the supremacy of federal law over state law and is considered a cornerstone of the country's federal political structure. It states that:

> "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, anything in the Constitution or Laws of any State to the contrary notwithstanding."

The Supremacy Clause was introduced as part of the New Jersey Plan during the Federal Convention of 1787 and passed unanimously. It was ratified in 1788 along with the Constitution. The Clause was a response to the problems with the Articles of Confederation, which lacked a provision declaring federal law superior to state law. This resulted in federal statutes not binding state courts unless there was state legislation implementing them.

The Supremacy Clause, or the principle of federal preemption, applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. Federal law can expressly preempt state law when it contains explicit language to that effect. It can also implicitly preempt state law when that intent is implicit in its structure and purpose. For example, the Voting Rights Act of 1965, an act of Congress, preempts state constitutions, and Food and Drug Administration regulations may preempt state court judgments in cases involving prescription drugs.

While states can choose not to enforce a federal law, any power not specifically granted to the federal government is given to the states.

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