Cameron Miranda
The U.S. Constitution is the nation's fundamental law, and any law passed by Congress that conflicts with it is considered void. This principle, known as federal preemption, applies to conflicting laws from legislatures, courts, administrative agencies, or constitutions. While the Supreme Court tries to avoid preempting state laws, certain cases have triggered the enforcement of the Supremacy Clause, nullifying state actions. The role of international law and foreign laws in state legislatures has been a subject of debate, with some states proposing bills to prohibit judges from considering foreign laws or using them as a basis for rulings. These bills aim to subordinate foreign laws to state and federal constitutional rights, but they could conflict with federal laws and policies and have implications for the enforcement of federal laws that require recognition of foreign judicial decisions.
Can foreign laws override the constitution?
| Characteristics | Values |
|---|---|
| Supremacy Clause | The Supreme Court held that if Congress intended to act in an area, this would trigger the enforcement of the Supremacy Clause, nullifying state action. |
| Federal Preemption | The constitutional principle derived from the Supremacy Clause is federal preemption. Preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. |
| State Laws | Even when a state law is not in direct conflict with federal law, it can still be found unconstitutional under the Supremacy Clause if it obstructs Congress's objectives. |
| Treaties | Treaties can be used to legislate in areas within the exclusive authority of states, but they must comply with the Constitution. |
| International Law | State courts are forbidden to consider international law in some states, including Alabama, Arizona, Missouri, Oklahoma, and Wyoming. |
| Foreign Laws | Bills have been introduced to prohibit judges from considering or enforcing foreign laws, but these could conflict with federal laws and policies. |
| Constitutional Rights | The Bill of Rights protects certain principles, such as freedom of religion, speech, equal treatment, and due process, from interference by the majority. |
| Rule of Law | All persons, institutions, and entities are accountable to laws that are consistent with international human rights principles. |
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What You'll Learn
Treaties and the law
Treaties are a crucial aspect of international law and relations, providing a framework for agreements between nations. The Vienna Convention on the Law of Treaties (VCLT), drafted by the International Law Commission (ILC) of the United Nations, is the primary authority on the formation and effects of treaties. It applies to treaties agreed between sovereign states after its ratification and sets out rules on the conclusion, entry into force, observance, interpretation, amendment, and invalidation of treaties.
The VCLT's legal standing is recognised even by non-signatory countries, demonstrating its importance in international law. Treaties can be bilateral, between two nations, or multilateral, involving multiple countries. Treaties have a long history, with the 1648 Peace Treaties of Westphalia establishing the modern framework by recognising the sovereignty of nations and their right to govern without external interference.
In the United States, the enforceability of treaties is subject to the Constitution. The Supremacy Clause establishes federal preemption, meaning that federal laws and regulations take precedence over state laws and constitutions. This was exemplified in the case of California v. ARC America Corp., where the Supreme Court ruled that Congress's intent to act in a specific area triggers the Supremacy Clause, nullifying conflicting state actions.
However, the Supreme Court has also ruled that treaties and their associated laws must comply with the Constitution, as seen in Reid v. Covert. Furthermore, the 2008 decision in Medellín v. Texas held that a treaty is not binding domestic law unless implemented by an act of Congress or explicitly "self-executing". This underscores the primacy of the U.S. Constitution in the country's legal system, where courts interpret the Constitution and laws passed by Congress, ensuring they align with the core values and principles enshrined in the Constitution.
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Federal preemption
The Supremacy Clause is a cornerstone of the United States' federal political structure. It establishes the Constitution, and the laws of the United States made in pursuance of the Constitution, as the supreme law of the land. This means that federal law takes priority over state law, and that federal statutes enacted by Congress are the "supreme Law of the Land".
The Supremacy Clause assumes the underlying priority of federal authority, but only when that authority is expressed in the Constitution itself. Federal statutes and treaties must be within the parameters of the Constitution and must not violate other constitutional limits on federal power, such as the Bill of Rights.
The Supreme Court has consistently held that Congress can abrogate a treaty by legislative action, even if this violates the treaty under international law. In Missouri v. Holland (1920), the Supreme Court held that the Supremacy Clause allows the federal government to make treaties that supersede state law, even if such treaties abrogate states' rights arising under the Tenth Amendment.
In the case of California v. ARC America Corp. (1989), the Supreme Court held that if Congress expressly intended to act in an area, this would trigger the enforcement of the Supremacy Clause, and hence nullify the state action.
In some cases, state laws that impinge on foreign relations have been invalidated by the Supreme Court, even in the absence of a relevant federal policy. For example, in Zschernig v. Miller, the Court invalidated an Oregon escheat law that prevented inheritance by citizens of Communist countries.
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State constitutions
The Tenth Amendment to the US Constitution (part of the Bill of Rights) states that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This indicates that states retained the power to adopt their own constitutions when the US Constitution was adopted.
The average length of a state constitution is about 39,000 words, compared to 7,591 words for the US Constitution, including its amendments. The oldest state constitution still in effect is that of Massachusetts, which took effect in 1780. The newest is the Rhode Island Constitution, ratified by voters in 1986.
Some states have had multiple constitutions. For example, Alabama has the longest state governing document, with approximately 389,000 words and nearly 950 amendments. The District of Columbia has a charter similar to those of major cities instead of a constitution.
In 2010, a Utah Republican state representative introduced House Bill 296, prohibiting the enforcement of any foreign law that would violate a person's state or federal constitutional rights. This bill was not adopted but influenced other states. Several bills and proposed state constitutional amendments have been introduced to forbid judges from enforcing foreign laws, which could conflict with federal laws and policies.
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International law
The U.S. Constitution is the nation's fundamental law, and courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress. In the U.S., international law and foreign laws are subordinate to state and federal constitutional rights. For example, in 2010, a bill was introduced in Iowa to prohibit state judges from using international law as a basis for rulings. Similarly, a bill was introduced in Utah to prohibit the enforcement of any foreign law that would violate a person's state or federal constitutional rights.
However, bills that subordinate foreign laws to fundamental state and federal constitutional rights could conflict with a broad range of federal laws and policies. For instance, they would require state courts to stop citing foundational English cases and would prevent the enforcement of federal laws that require the recognition of foreign judicial decisions. In addition, some of these bills could be interpreted as denying state government officials and courts the power to recognize foreign marriages or child adoptions.
The role of international law and foreign laws in the U.S. state legislatures has been a subject of debate. While some states, such as Alabama, Arizona, Missouri, and Wyoming, have proposed joint resolutions forbidding their courts from considering international law, other states, such as Iowa and Utah, have introduced bills that subordinate foreign laws to fundamental state and federal constitutional rights.
The enforceability of treaties in the U.S. is limited. In the 2008 Supreme Court decision in Medellín v. Texas, it was held that a treaty is not binding domestic law unless it has been implemented by an act of Congress or is explicitly "self-executing". This ruling was seen by some scholars as a departure from longtime historical practice and the plain language of the Supremacy Clause.
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Foreign laws and state rights
The U.S. Constitution is the nation's fundamental law, and courts have the responsibility to interpret its meaning, as well as the meaning of any laws passed by Congress. The Federalist Papers, a collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay between 1787 and 1788, further emphasise the importance of the Constitution over any other laws. In Federalist No. 78, Hamilton wrote,
> "There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid."
This principle, derived from the Supremacy Clause, is federal preemption, which applies regardless of the source of conflicting laws. While the Supreme Court tries to avoid preempting state laws, it has ruled that even when a state law does not directly conflict with a federal law, it can still be found unconstitutional if it obstructs the execution of Congress's objectives.
In the context of foreign laws and state rights, there have been several bills and proposed amendments that aim to subordinate foreign laws to state and federal constitutional rights. For example, in 2010, a bill was introduced in Iowa to prohibit state judges from using international law as a basis for rulings. Similarly, Utah H.B. 296, which was not adopted, would have prohibited the enforcement of any foreign law that would violate a person's state or federal constitutional rights. In 2011, a bill was introduced in Arizona that threatened impeachment for any judge whose decisions referred to or incorporated case law or statutes from another country. These types of bills and amendments can have minimal effects when reasonably interpreted, but they may also conflict with federal laws and policies, particularly those that require the recognition or enforcement of foreign judicial decisions.
It is worth noting that the Supreme Court has held that treaties and the laws made pursuant to them must comply with the Constitution. The enforceability of treaties is further limited by the ruling in Medellín v. Texas (2008), which stated that a treaty is not binding domestic law unless implemented by an act of Congress or explicitly "self-executing".
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Frequently asked questions
No. The U.S. Constitution is the fundamental law of the nation and courts are responsible for interpreting its meaning. In 2010, a bill was introduced in Iowa to prohibit state judges from using international law as a basis for rulings. In 2011, a bill was introduced in Arizona to threaten impeachment for any judge whose decisions refer to or incorporate a tenet of any body of foreign law.
Foreign laws may be used in U.S. courts in very limited circumstances. For example, in Chy Lung v. Freeman, the Supreme Court ruled against the plaintiff's detention on the basis that the statute preempted the federal legislation's ability to regulate the "admission of citizens and subjects of foreign nations to our shores". However, in the 2008 case of Medellín v. Texas, the Supreme Court held that a treaty is not binding domestic law unless it has been implemented by an act of Congress or is explicitly "self-executing".
No. The Supremacy Clause establishes federal preemption, which means that federal laws override state laws when there is a conflict. However, in California v. ARC America Corp., the Supreme Court held that if Congress expressly intended to act in an area, this would trigger the enforcement of the Supremacy Clause, nullifying the state action.
