Anaya Nolan
In the United States, federal laws are the highest authority, but states also have their own laws, and conflicts can arise between the two. The Supremacy Clause, found in Article VI of the Constitution, states that federal laws take precedence over state laws. This means that if a state law and a federal law disagree, the federal law will win out. This is known as preemption, and it can occur in any area over which Congress has authority, but it is most common in areas where Congress and the states share authority. For example, in Arizona v. United States, the Supreme Court held that federal immigration law preempted an Arizona state law penalizing undocumented immigrants for working without authorization. This decision was based on the express preemption clause found in the Immigration Reform and Control Act of 1986. While preemption typically favors federal law, there are times when local ordinances will preempt state law, such as when significant interests for a particular issue vary from locality to locality.
| Characteristics | Values |
|---|---|
| Supremacy Clause | Federal laws are more important than state laws |
| Preemption doctrine | A higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict |
| State preemption standards | Cases involving abortion, gun control, and public health |
| State and federal law conflict resolution | Federal law will prevail |
| State law prevails | When a person has more rights under state law than under federal law or when state law enforces more responsibility on its citizens than federal law |
| State law and federal law overlap | State law can strengthen federal protections but cannot weaken them |
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What You'll Learn
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, anything in the Constitution or Laws of any State to the contrary notwithstanding."
The clause has been described as a cornerstone of the United States' federal political structure. It ensures that federal law is the highest authority and prevents states from having differing laws that could create confusion and unfairness. For example, in the context of same-sex marriage, while some states had banned it, the federal government asserted its illegality, and same-sex married couples were granted federal benefits regardless of state law. Similarly, while some states have legalised marijuana for recreational or medical purposes, it remains illegal under federal law, impacting businesses' banking and credit card operations.
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State preemption standards
There are typically three types of conflicts regarding preemption: outright conflict, express preemption, and implied preemption. Outright conflict occurs when a local ordinance directly opposes a state law. Express preemption happens when a state law explicitly prohibits or limits the power of a local government. Implied preemption is more controversial and occurs when the local ordinance contradicts or exceeds the scope of state law, or when there is clear legislative intent for state preemption.
In some cases, local ordinances may preempt state law. For example, in City of Riverside v. Island Empire Patients Health and Wellness Center Inc. (2013), the court ruled that if significant interests vary across localities, local ordinances should be favoured unless expressly forbidden by state statute. However, in Becker v. Dane County, the Wisconsin Supreme Court outlined scenarios where state law would preempt local ordinances: when the state legislature has expressly withdrawn municipal power, when the ordinance logically conflicts or defeats the purpose of state legislation, or when it violates the spirit of state law.
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Federal civil rights laws
In the United States, federal law takes precedence over state laws, but states also have their own legislation. The Supremacy Clause, found in Article VI of the Constitution, states that federal laws take precedence over state laws. This helps to avoid conflicts between state and federal laws and ensures uniformity across the nation.
While states cannot weaken federal civil rights protections, they may strengthen them. For example, states can enforce stricter environmental rules than federal regulations as long as they do not contravene federal laws. However, if a state law permits discrimination that is prohibited under federal law, it may be deemed illegal.
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Same-sex marriage
In the United States, federal law is the highest authority, but states also have their own laws. The Supremacy Clause, found in Article VI of the Constitution, states that federal laws take precedence over state laws. This means that if a state law and a federal law disagree, federal law will prevail. This rule helps to prevent individual states from enacting conflicting laws that could cause confusion and unfairness.
The issue of same-sex marriage has been a source of conflict between federal and state laws in the United States. Civil rights campaigning in support of marriage without distinction as to sex or sexual orientation began in the 1970s, with the first lawsuits seeking legal recognition of same-sex relationships. In 1993, the Supreme Court of Hawaii ruled in Baehr v. Lewin that it was unconstitutional for the state to restrict marriage based on sex. This decision sparked efforts at both the federal and state levels to explicitly restrict marriage to male-female couples, including the enactment of the Defense of Marriage Act (DOMA) at the federal level in 1996, which defined marriage as between a man and a woman.
Despite these efforts, the movement to obtain marriage rights for same-sex couples gained momentum, and by late 2014, lawsuits had been brought in every state that still denied marriage licenses to same-sex couples. In some cases, legalization was achieved through state court rulings or state legislation, but more frequently it was the result of decisions by federal courts. For example, in 2004, Massachusetts became the first state to legalize same-sex marriage through a state court ruling. However, this provoked a backlash from opponents, resulting in further legal restrictions being written into state statutes and constitutions.
In 2013, California voters passed Proposition 8, a law banning same-sex marriage, which was later overturned by the federal government as unconstitutional. In 2015, the U.S. Supreme Court legalized same-sex marriage nationwide, ensuring that married same-sex couples would receive the same federal benefits as married opposite-sex couples, even in states where it was illegal under state law. This decision marked a significant shift in public sentiment towards marriage equality and LGBTQ+ rights more broadly.
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Marijuana use
In the United States, the use of marijuana is a highly contentious issue, with a clear conflict between federal and local laws. Marijuana is a controlled substance under federal law, and its possession, distribution, and use are prohibited. The Controlled Substances Act (CSA), enacted in 1970, classifies marijuana as a Schedule I controlled substance, indicating a high potential for abuse and a lack of medical value. Federal agencies are generally reluctant to charge individuals with marijuana-related crimes unless associated with larger organised crime.
However, the legal status of marijuana varies across different states and localities. As of August 2023, 23 states and Washington, D.C., have legalised the recreational use of marijuana, and 37 states permit its medicinal use under certain conditions. This discrepancy between federal and local laws creates a confusing situation for citizens, where an activity allowed by their home state could still result in federal charges.
The U.S. system of government allows for dual sovereignty, where states serve as "laboratories of democracy". The 10th Amendment prevents Congress from forcing states to enforce federal policies related to marijuana. This has led to a significant reduction in cannabis-related arrests and has provided safer alternatives to opiates. Additionally, the Department of Justice's 2013 Cole Memo clarified their enforcement approach, prioritising specific areas while allowing states with legal cannabis to establish strict regulatory systems.
Despite the liberalisation of state laws, marijuana's legality remains a complex issue. Businesses operating in states where marijuana is legal face challenges, such as being unable to open bank accounts or accept credit cards due to federal law conflicts. This conflict between federal and local laws has resulted in ongoing debates and legal challenges, with states charting their paths regarding marijuana regulation.
It's important to note that the legal landscape surrounding marijuana use is dynamic, and the laws and their enforcement may continue to evolve over time.
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Frequently asked questions
The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority when the two conflict. For example, federal law displaces state law.
When a state law and a federal law disagree, the federal law wins. An example of this is the legalization of marijuana in some states, which is still illegal under federal law.
Yes, in some cases, state law can prevail over federal law. If a person has more rights under state law than federal law, the state law will prevail. State law can also prevail if it enforces more responsibility on citizens than federal law.
