Cameron Miranda
The enforcement of federal laws by state governments is a unique model of enforcement and a unique form of state power. While federal law is enforced through public and private efforts, state enforcement is largely decentralized, and states act on behalf of interests that differ from those of federal enforcers. State enforcement of federal law allows states to adjust the intensity of enforcement and interpret federal laws. Notably, enforcement authority does not rely on regulatory authority, and states can enforce the laws of a different sovereign. This empowers a different breed of state representatives, such as state attorneys general, who are independent from the state legislature and governor. However, there have been instances where states have refused to enforce federal regulations, citing state sovereignty and arguing that certain federal laws violate their constitutional authority.
| Characteristics | Values |
|---|---|
| State enforcement of federal law | A unique model of enforcement and a unique form of state power |
| Enforcement authority | Can serve as a potent means of state influence, enabling states to adjust the intensity of enforcement and to press their own interpretations of federal law |
| Regulatory authority | Does not depend on it; state enforcement of federal law authorizes state actors to enforce the laws of a different sovereign |
| State attorneys general | Independent from the state legislature and governor, and may represent different constituencies |
| Federal law | Requires only consideration of federal standards |
| State sovereignty | States are not compelled to enforce steep-slope standards, expand state funds, or participate in the federal regulatory program |
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What You'll Learn
State enforcement of federal law
Federal law is enforced through a combination of public and private efforts. While federal civil statutes typically vest enforcement authority in a federal agency, they may also create private rights of action that allow private parties to sue to enforce federal law. There are two distinct types of public enforcement: civil enforcement by a federal agency and civil enforcement by the states, typically through their attorneys general.
State attorneys general differ from federal agencies as agents of enforcement, and they also differ from state agencies as agents of federal-state interaction. Moreover, attorneys general in most states are independent from the state legislature and governor and may represent different constituencies. Enforcement authority, therefore, opens up new outlets for state-centred policy, empowering actors whose interests and incentives distinguish them from the state institutions that dominate other channels of federal-state dialogue.
In some cases, the Supreme Court has held that federal laws requiring state officials to enforce certain federal programs violate constitutional principles of state sovereignty. For example, in Printz v. U.S., the Supreme Court held that a federal law requiring state officials to receive firearms dealers' reports and conduct background checks as part of a federal program violated state sovereignty. In other cases, the Court has upheld the constitutionality of federal laws that do not "commandeer" states into enforcing federal regulations, such as the Surface Mining Control and Reclamation Act of 1977.
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State sovereignty and refusal to enforce federal regulations
In the United States, federal law is enforced through a combination of public and private efforts. While federal civil statutes typically vest enforcement authority in a federal agency, they may also create private rights of action that allow private parties to sue to enforce federal law. State enforcement of federal law is a unique model of enforcement and a unique form of state power. While state power is often equated with state regulation, enforcement authority can serve as a means of state influence, allowing states to adjust the intensity of enforcement and interpret federal law. Importantly, enforcement authority does not depend on regulatory authority, and state enforcement of federal law authorises state actors to enforce the laws of a different sovereign.
The Supreme Court has held that Congress may not commandeer a state's legislative processes by directly compelling it to enforce a federal regulatory program. In Printz v. U.S. (1997), the Supreme Court held that a federal law requiring state officials to receive firearms dealers' reports and conduct background checks as part of a federal program violated constitutional principles of state sovereignty. Similarly, in New York v. U.S. (1992), the Supreme Court held that a federal law requiring states to accept ownership of radioactive waste or regulate its disposal according to Congress' instructions was outside Congress' enumerated powers and inconsistent with the Tenth Amendment.
In Hodel v. Virginia Surface Mining & Reclamation Assn. (1981), the Court upheld the Surface Mining Control and Reclamation Act of 1977 because it did not "commandeer" the states into regulating mining. The Court emphasised that states were not compelled to enforce steep-slope standards, expand state funds, or participate in the federal regulatory program. The Court reached the same conclusion in FERC v. Mississippi (1982), which concerned the Public Utility Regulatory Policies Act of 1978, a federal statute encouraging states to develop programs to combat the nation's energy crisis. The Court observed that it had never explicitly sanctioned a federal command to the states to promulgate and enforce laws and regulations.
While state courts may hear cases over which federal courts have jurisdiction, they are not always required to do so. The Supreme Court has upheld state courts' refusal to hear federal claims, finding that state law provided a valid excuse to decline jurisdiction. In Mondou v. New York (1912), a Connecticut court declined to hear a case arising under federal law, but the Supreme Court held that the state court must hear the case. The Court emphasised that the case did not involve an attempt by Congress to regulate the jurisdiction of state courts or control their modes of procedure but only concerned when state courts must hear federal claims within their ordinary jurisdiction.
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Public and private enforcement
Federal law is enforced through a combination of public and private efforts. While federal civil statutes typically vest enforcement authority in a federal agency, some also create private rights of action that allow private parties to sue to enforce federal law. This is known as private enforcement, which can be defined as litigation initiated by an individual, a legal entity, an organisation, or a public entity. Private enforcement of competition laws is permitted in many countries, including the US, the UK, and several EU member states.
In the US, private enforcers of the Sherman Act are entitled to a mandatory treble damage remedy, and a successful private plaintiff can recover their attorneys' fees from the defendant. The US is unique in this regard, as most EU member states only allow successful parties to recover a small portion of their costs. Private enforcement of law in the US also includes proposals for the privatisation of law enforcement, where private individuals and firms would investigate violations, apprehend violators, and conduct legal proceedings.
Public enforcement, on the other hand, refers to the enforcement of laws by a government or a government-appointed agency. For example, in the context of antitrust laws, public enforcement is carried out by a competition authority or a prosecutor, who detect and sanction violators of competition rules. State enforcement of federal law is a unique form of public enforcement, where state actors are authorised to enforce the laws of a different sovereign. This empowers a different breed of state representatives, such as state attorneys general, who may be independent from the state legislature and governor.
While the choice between public and private enforcement has been a subject of debate, each has its own strengths and weaknesses, and they are not mutually exclusive. In fact, there are two distinct types of public enforcement, and many federal statutes authorise civil enforcement by both a federal agency and the states through their attorneys general.
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State enforcement authority
In federal systems, state enforcement of federal law can be seen as a potent means of state influence, allowing states to adjust the intensity of enforcement and interpret federal law in their own way. This is particularly true when state enforcement is decentralized, with states acting on behalf of interests that may differ significantly from those of federal enforcers. For example, in the US context, state attorneys general are often independent from the state legislature and governor and may represent different constituencies, further empowering state-centred policies.
The relationship between state and federal law enforcement can be complex and is often a matter of constitutional interpretation. While federal laws are typically enforced through a combination of public and private efforts, with federal agencies vested as the enforcement authority, there are instances where state actors are authorized to enforce the laws of the federal government. This was seen in the case of *Printz v. U.S.*, where the Supreme Court held that a federal law requiring state officials to conduct background checks on firearms dealers was a violation of state sovereignty.
Conversely, there are also instances where state governments can refuse to enforce federal regulations, particularly when they are not directly compelled to do so by federal law. For example, in *New York v. U.S.*, the Supreme Court held that a federal law requiring states to regulate the disposal of radioactive waste was outside Congress' powers and inconsistent with the Tenth Amendment. In this case, the state was not required to consider federal proposals if it chose not to regulate in a particular field.
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Federal statutes and civil enforcement
Federal civil rights statutes prohibit discrimination on a wide range of bases, including race, sex, national origin, religion, disability, familial status, and others. These civil rights laws are enforced by the Civil Rights Division of the Department of Justice, which has the authority to investigate and litigate cases of civil rights violations. The FBI is also empowered to investigate civil rights abuses under federal law.
Federal civil rights statutes apply in a wide range of areas, including voting, public accommodations and facilities, public schools, employment, housing, credit, and in programs and activities receiving federal financial assistance. For example, the Civil Rights Division can review the practices of law enforcement agencies that may be violating people's federal rights if they receive federal funding. This includes investigating reports of misconduct and addressing police misconduct through reforms that improve community confidence in law enforcement and increase officer and agency accountability.
In addition to the Civil Rights Division, United States Attorney's Offices play a critical role in civil rights enforcement. They provide additional resources and expertise on local circumstances in both investigations and litigation. The Attorney General is authorized to institute civil actions for appropriate relief and to enforce citizens' rights under federal laws, including the right to be represented by private attorneys.
Federal civil rights statutes also provide for punishment and penalties for violations. These can range from fines to imprisonment, or both, depending on the severity of the offence. For example, causing or attempting to cause bodily injury because of the actual or perceived race, religion, national origin, or other protected characteristics of the victim is punishable by up to 10 years in prison. If death results or if the offence includes kidnapping, attempted kidnapping, aggravated sexual abuse, or an attempt to kill, the punishment can be life imprisonment or even the death penalty.
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Frequently asked questions
Yes, state governments can enforce federal laws. In fact, enforcement authority can serve as a potent means of state influence, enabling states to adjust the intensity of enforcement and to press their own interpretations of federal law.
Yes, states can refuse to enforce federal laws. In the case of New York v. U.S. in 1992, the Supreme Court held that a federal law requiring states to regulate the disposal of radioactive waste was outside Congress' powers and inconsistent with the Tenth Amendment.
In Printz v. U.S. (1997), the Supreme Court held that a federal law requiring state officials to conduct background checks on firearms dealers violated constitutional principles of state sovereignty. Similarly, in FERC v. Mississippi (1982), the Court found that states were not compelled to participate in a federal regulatory program aimed at addressing the energy crisis.
State enforcement of federal laws empowers a different breed of state representatives and opens up new outlets for state-centered policy. It also introduces variations in public enforcement, as states act on behalf of interests that may diverge significantly from those of federal enforcers.
