Cameron Miranda
The United States is made up of several states, each with its own set of laws. This raises the question of whether the laws of one state can be enforced in another. The Full Faith and Credit Clause mandates that full faith and credit be given in each state to the public Acts, Records, and judicial Proceedings of every other State. However, the interpretation of this clause has raised questions about how state courts must treat other states' laws. For example, it is unclear which state's laws a court must apply when two statutes conflict. While federal laws are generally applicable across all states, states are permitted to create and enforce their own laws, which are superior to local laws.
| Characteristics | Values |
|---|---|
| Federal law | Enforced through a combination of public and private efforts |
| Vests enforcement authority in a federal agency | |
| Create private rights of action that allow private parties to sue to enforce federal law | |
| State law | Enforced by states, typically through their attorneys general |
| State enforcement is largely decentralized | |
| States act on behalf of interests that differ from federal enforcers | |
| Congress | The lawmaking branch of the federal government |
| A bill must be passed by both bodies of Congress and then presented to the president | |
| The president can approve or veto a bill | |
| Congress can override a presidential veto | |
| Congress has the power to enforce legislation under the Fourteenth Amendment | |
| Congress can protect federal rights against private deprivation | |
| Congress can protect the right of interstate travel | |
| The Court | Interprets the Constitution and the meaning of laws passed by Congress |
| Can hear grievances voiced by minority groups | |
| Can hear both sides of a controversy |
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What You'll Learn
The Full Faith and Credit Clause
While the Full Faith and Credit Clause typically applies, the Supremacy Clause, or Article VI of the US Constitution, states that federal law is the supreme law of the land. This means that state laws must conform to federal laws, and a federal court may require a state to refrain from enforcing a law that conflicts with federal law. Similarly, state laws that provide more protections for residents than existing federal laws will stand and be enforced.
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State vs. Federal Law
In the United States, laws can be made by either the federal government or a state government. Federal laws apply to everyone in the United States, while state laws apply to people who live or work in a particular state. There are 50 states in the US, and each has its own system of laws and courts.
The federal government's powers are listed in the US Constitution at Article I, Section 8. These include immigration, bankruptcy, the postal service, intellectual property, and the military. The US Constitution also creates a federal system of government, in which power is shared between the federal government and state governments, both of which have their own court systems.
Some topics are governed by both state and federal law, such as when federal funds are offered to a state. Typically, when this happens, some element of federal law is involved. For example, federal anti-discrimination and civil rights laws that protect against racial, age, gender, and disability discrimination apply throughout the United States.
The process of making a law differs slightly between the federal government and state governments. In the federal government, a bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the US Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president can then choose to approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president vetoes a bill, Congress can usually vote to override the veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default, which is called a pocket veto, and this cannot be overridden by Congress.
Conflicts between federal and state laws are resolved by the Supremacy Clause of the US Constitution, Article VI, which says that laws enacted in furtherance of the Constitution are the "supreme law of the land," and that federal laws take precedence over state laws and constitutions.
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State vs. Local Law
The United States has a complex legal system with federal, state, and local laws all in effect at the same time. While federal law takes precedence over state and local laws, state laws supersede local laws.
Local laws, also known as ordinances, are made by cities, towns, or counties. They apply to citizens, residents, or visitors of a particular county or city. Local laws are often related to issues that are relevant to the community, such as parking fines, water usage regulations, and decoration laws. For example, the city of Morgan Hill in California enacted an ordinance requiring the theft or loss of a gun to be reported within 48 hours, which was challenged by a gun owner and a local association as they believed it was preempted by the state law that requires missing guns to be reported within 5 days.
State laws, on the other hand, only apply within the state in which they are passed. States cannot ignore federal laws and must adhere to the Constitution. State governments have a significant amount of power and autonomy, often dealing with matters such as taxation, healthcare, civil rights, and policing. For instance, before 2003, several states had sodomy laws that made same-sex sexual activity illegal, which were eventually struck down by the Supreme Court as they were deemed to violate the due process clause of the Constitution.
In cases where state and local laws conflict, the state law usually takes precedence. This is known as state preemption, where a state government can nullify a local law that deviates from or conflicts with state law. For example, in Delaware, a local anti-abortion ordinance was struck down by a state court. However, the degree of state versus local power can vary depending on the state constitution and legislation. The "home rule" doctrine grants local governments expanded power over their local affairs, while Dillon's Rule restricts local governments to only have law-making authority that is expressly delegated to them by the state.
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State as a Sovereign Entity
The concept of a "state as a sovereign entity" is a complex and evolving topic in international law and relations. While there is no universally accepted definition of statehood, several theories and criteria have emerged to define and recognise sovereign states.
The declarative theory of statehood, outlined in the 1933 Montevideo Convention, defines a state as a person in international law if it meets four criteria: a defined territory, a permanent population, a government, and the capacity to enter into relations with other states. This theory asserts that an entity's statehood is independent of its recognition by other states, as long as sovereignty was not gained through military force.
On the other hand, the constitutive theory of statehood holds that a state is a person of international law only if it is recognised as sovereign by at least one other state. This recognition can be expressed or implied and is typically retroactive. However, it does not signify a desire for diplomatic relations. The constitutive theory allows for discretion in recognising statehood, which has led to debates about the criteria for statehood and the confusion caused when some states recognise a new entity while others do not.
The European Economic Community's Badinter Arbitration Committee has expressed a similar opinion, stating that a state is defined by having a territory, a population, a government, and the capacity to enter into relations with other states. However, they acknowledge that the Montevideo Convention criteria are not sufficient on their own and that additional requirements, such as recognition, play a significant role in affirming a country's status as a sovereign state.
The sovereignty of a state can be complicated by various factors, including disputes over the legitimacy of a regime, the achievement of sovereignty without independence (as in the case of the Russian Soviet Federative Socialist Republic within the USSR), and the recognition of proto-states or unique political entities that do not meet the full criteria for statehood. Additionally, absolute sovereign immunity is less widely accepted today, with some countries introducing restrictive immunity statutes that limit jurisdictional immunity to public acts.
In conclusion, the concept of a "state as a sovereign entity" is multifaceted and subject to differing interpretations. While declarative and constitutive theories provide frameworks for understanding statehood, the recognition of sovereign states in international law and relations remains a complex and evolving issue.
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Supreme Court Jurisdiction
The Supreme Court of the United States is the country's highest judicial body, with nine Justices who are appointed by the President and confirmed by the Senate. The Supreme Court's jurisdiction is established by Article III, Section 2, Clause 2 of the US Constitution, which outlines two types of jurisdiction: original and appellate.
Original jurisdiction, as defined in Article III, Section 2, Clause 1, gives the Supreme Court authority over cases involving ambassadors, public ministers, and consuls, as well as those in which a state is a party. This means that litigation can be initiated directly with the Supreme Court rather than through a lower court. The Court has indicated that this authority is derived directly from the Constitution and does not require further action by Congress. However, in certain instances, lower federal courts have been granted concurrent jurisdiction by Congress, allowing cases to be filed in either the Supreme Court or a lower federal court.
Appellate jurisdiction, on the other hand, refers to the Supreme Court's authority to review decisions made by lower federal courts or final judgments of state courts. The Court generally accepts cases that have been decided in a US Court of Appeals or the highest court in a given state, particularly if they involve conflicting decisions, have national significance, or could set a precedent. The Court's appellate jurisdiction is not considered self-executing, and Congress must enact legislation to empower the Court to hear cases on appeal. The Exceptions Clause gives Congress significant control over the Court's appellate jurisdiction, allowing it to review decisions of inferior federal courts and state courts if authorized by Congress.
The Supreme Court's jurisdiction also extends to controversies between two or more states, between citizens of different states, and between a state and citizens of another state. The Court's decisions can impact the enforcement of state laws, as in the case of Wisconsin v. Pelican Ins. Co., where the Court ruled against a state enforcing its penal laws in another state.
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Frequently asked questions
No, a state cannot enforce its laws in another state. Each state is an independent political unit with jurisdiction only within its borders.
The prevailing view is that states are allowed to enforce laws on their citizens even when they are not physically present in the state.
No, a federal court may require a state to refrain from enforcing a law if it conflicts with federal law. The federal law is the supreme law of the land, and the courts in every state must follow it.
Yes, state law will stand and be enforced if it provides more protection for its citizens than federal law.
