Cecily Zamora
The United States has both federal and state governments, and while states may make their own laws, federal laws are stronger and take precedence over state laws. This is due to the Supremacy Clause, which is in Article VI of the U.S. Constitution, and states that federal law is the supreme law of the land. This means that federal law will prevail if there is a conflict between state and federal law. This is a very important rule in the American legal system, as it helps to avoid confusion and unfairness that could result from different states having different laws.
| Characteristics | Values |
|---|---|
| Supremacy Clause | Federal law prevails over state law |
| Preemption Doctrine | Federal law displaces or preempts state law |
| Federal Statutes and Treaties | Must be within the parameters of the Constitution |
| Federal Powers | Express or "enumerated" powers are explicitly stated in the Constitution |
| State Laws | Must meet or exceed federal standards |
| State and Local Laws | State laws usually prevail in conflicts |
| Implied Preemption | Controversial, harder to prevent than outright or express preemption |
| Local Ordinances | May preempt state law if significant local interests vary |
| Conflict Resolution | Courts determine if a conflict exists and apply preemption |
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What You'll Learn
The Supremacy Clause
The Supreme Court has interpreted the Supremacy Clause as a conflict-of-laws rule, giving it the power to overrule decisions by state courts. The Court has applied the clause in ways that reinforce the division of federal and state power, with federal law displacing state law when a conflict arises. This is known as the preemption doctrine, which can be express or implied. Express preemption occurs when federal law contains explicit language that it takes precedence over state law, while implied preemption occurs when the intent for federal law to supersede state law is implicit in its structure and purpose.
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Federal preemption
The US has both federal and state governments, and while states may make their own laws, federal laws are stronger and take precedence over state laws. This is due to the Supremacy Clause, which is in Article VI of the US Constitution. The Supremacy Clause deems federal laws to be the "supreme law of the land", with federal statutes and treaties regarded as equally binding.
The Supremacy Clause was first applied by the US Supreme Court in 1796, ruling that a treaty superseded conflicting state law. The Supremacy Clause is essentially a conflict-of-laws rule, specifying that federal acts take priority over any state acts that conflict with federal law. The Supremacy Clause also means that judges in every state must follow the federal government's Constitution, federal laws, and treaties in matters directly or indirectly within the government's control.
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. When state law and federal law conflict, federal law displaces or preempts state law. Preemption applies regardless of whether the conflicting laws come from legislatures, courts, administrative agencies, or constitutions. For example, the Voting Rights Act, an act of Congress, preempts state constitutions, and FDA regulations may preempt state court judgments in cases involving prescription drugs.
There are three types of conflicts regarding preemption:
- Outright conflict: when an ordinance directly opposes a state law.
- Express preemption: the state law directly opposes a local power.
- Implied preemption: this occurs when one of three things happen: when a local ordinance prohibits an act permitted by the state legislature; when a local ordinance permits an act prohibited by the state legislature; or when there is clear legislative intent that the "field" is preempted by state law.
In any preemption case, the analysis begins with the Constitution, and the first question is whether the Constitution either expressly or implicitly preempts a state law. Another important factor is Congress's intent when passing the federal law. The federal government has certain express or "enumerated" powers specifically spelled out in the Constitution. Federal law also preempts state or local law if Congress intends to regulate an area and exclude the states.
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State preemption
In the United States, state preemption is the invalidation of some action by, or the wresting of power from, a portion of the state government. This usually involves the state legislature taking power from a municipality or other part of the state government that only exercises power within a certain geographical area, such as a county. State preemption often occurs when there is a political disagreement between the state legislature and municipal governments.
There are typically three types of conflicts regarding preemption:
- Outright conflict: When an ordinance directly opposes a state law.
- Express preemption: When a state law directly opposes a local power.
- Implied preemption: This occurs when one of three things happen:
- A local ordinance prohibits an act permitted by the state legislature.
- A local ordinance permits an act prohibited by the state legislature.
- There is clear legislative intent that the "field" is preempted by state law.
The "field" is usually defined as when there is an extensive scope of state regulation, reflecting a state intent to preempt all local regulations in a particular area. Courts have found various ways to determine when a state legislature has preempted a particular field. In the case of Allied Vending Co. v Bowie (1993), the court issued a seven-part test to determine whether a state legislature has preempted a field by implication.
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Local preemption
The preemption doctrine states that a higher authority of law will displace the law of a lower authority of law when the two authorities come into conflict. In the case of federal and state laws, federal law displaces or preempts state law, as outlined in the Supremacy Clause of the US Constitution. This applies to conflicting laws from legislatures, courts, administrative agencies, or constitutions.
However, the relationship between state and local laws is more complex and varies depending on the state. In general, state laws will prevail when state and local laws are in conflict. There are typically three types of conflicts regarding preemption:
- Outright conflict: When an ordinance directly opposes a state law.
- Express preemption: The state law directly opposes a local power.
- Implied preemption: This occurs when the local ordinance prohibits or permits an act that is respectively permitted or prohibited by the state legislature, or when there is clear legislative intent that the "field" is preempted by state law.
Implied preemption is a controversial doctrine as it may be harder to prevent than outright or express preemption, leading some states to outlaw it. In cases where rules or regulations do not clearly state whether preemption should apply, the Supreme Court attempts to follow lawmakers' intent and prefers interpretations that avoid preempting state laws.
Courts have also found that when significant local interests may differ from one locality to another, they will generally favor the validity of local ordinances over state preemption, unless the state statute expressly forbids the ordinance. For example, in the 2022 case of State ex rel. Jennings v. City of Seaford, the court ruled that an ordinance requiring all fetal remains resulting from abortion or miscarriage to be cremated or interred was preempted and invalid as it conflicted with Delaware's statewide statutory scheme for the disposal of human remains.
In summary, while federal law generally preempts state law, the relationship between state and local laws is more nuanced and depends on the specific circumstances and the state in question.
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Conflicting laws
The preemption doctrine, derived from the Supremacy Clause, reinforces the idea that federal law displaces or preempts state law when they conflict. This doctrine applies to conflicting laws from legislatures, courts, administrative agencies, or constitutions. For instance, the Voting Rights Act, an act of Congress, overrides state constitutions, and FDA regulations may supersede state court judgments in prescription drug cases.
Despite the Supremacy Clause, conflicts between federal and state laws can still occur, particularly in areas such as marijuana legalisation and same-sex marriage. In states where marijuana use has been legalised, individuals complying with state laws can still be arrested and prosecuted by the federal government, as marijuana remains illegal under federal law. Similarly, while marriage is traditionally a state issue, federal law has overridden state laws banning same-sex marriage, deeming them unconstitutional.
Conflicts can also arise between state and local laws. For example, in the City of Morgan Hill, California, an ordinance was enacted requiring the reporting of gun theft or loss within 48 hours, while California state law mandates reporting within 5 days. This ordinance was challenged as it directly conflicted with state law, demonstrating the complex dynamics of legal authority across different levels of government in the United States.
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Frequently asked questions
The Supremacy Clause, found in Article VI of the U.S. Constitution, states that federal laws take precedence over state laws. This is known as the preemption doctrine, which means that federal law will displace or preempt state law when there is a conflict.
In some cases, state law can prevail over federal law. If a state law enforces more responsibility on its citizens than federal law, the state law will legally prevail. State law will also prevail if an individual has more rights under it than under federal law.
One example is the legalisation of marijuana in some states for recreational or medical reasons, while it remains illegal under federal law. Another example is same-sex marriage, which is legal in many states but not all, and has been deemed illegal under federal law in some cases.
