Cecily Zamora
The Supremacy Clause establishes federal law as the law of the land, and therefore federal law supersedes state law. This means that federal law can override state law when there is a conflict between the two, as long as the federal law is constitutional. However, this does not mean that each state must base its laws on the same policy judgments reflected in federal statutes. While states can declare federal laws unconstitutional, this declaration has no legal effect unless the courts agree. Ultimately, the Supreme Court has the final say in matters involving federal law and constitutional interpretation, and it can overrule decisions by state courts.
| Characteristics | Values |
|---|---|
| Can state law override the constitution? | No, federal law overrides state law when in conflict. |
| Can a state impede federal authorities from enforcing their own law if the state deems the law to be unconstitutional? | No, although more radical nullification proponents would disagree. |
| Can states nullify federal laws? | Yes, but not all. |
| Can state officials enforce federal laws that the state has determined to be unconstitutional? | No, nor may Congress mandate that states enact specific laws. |
| Can states block federal authorities who attempt to enforce a federal law? | No, unless a court has held that the law is unconstitutional. |
| Can individuals be exempt from prosecution by the federal government if the state where they reside has legalized an activity or pronounced that a federal law is unconstitutional? | No, if convicted, individuals can attempt to vindicate their constitutional rights in court. |
| Can federal law override local law? | Yes, local law is state law. |
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What You'll Learn
Treaties and their enforceability
Treaties are binding agreements between nations and are part of international law. They are roughly analogous to contracts in that they establish the rights and binding obligations of the parties. Treaties can take many forms and govern a wide range of subject matters, such as security, trade, the environment, and human rights. They may also be used to establish international institutions, such as the International Criminal Court and the United Nations, for which they often provide a governing framework.
Treaties are not necessarily permanently binding upon the signatory parties. As obligations in international law are traditionally viewed as arising only from the consent of states, many treaties expressly allow a state to withdraw as long as it follows certain procedures of notification ("denunciation"). Treaties are not required to follow any standard form and differ widely in substance and complexity. Nevertheless, all valid treaties must comply with the legal principle of pacta sunt servanda (Latin for "agreements must be kept"), under which parties are committed to performing their duties and honoring their agreements in good faith.
The United States Constitution provides that the president "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur" (Article II, Section 2). Treaties to which the United States is a party also have the force of federal legislation, forming part of what the Constitution calls "the supreme Law of the Land." While it is generally agreed by constitutional scholars that treaties are as binding as domestic federal law, courts have differed on the enforceability of some types of international agreements and the precise scope of a treaty's legal obligations.
The Supreme Court has consistently held that Congress can abrogate a treaty by legislative action, even if this amounts to a violation of 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 might abrogate states' rights. However, the enforceability of treaties was limited in the 2008 Supreme Court decision in Medellín v. Texas, which held that a treaty is not binding domestic law unless implemented by an act of Congress or is explicitly "self-executing."
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The Supremacy Clause
The Supreme Court has relied on the Supremacy Clause to establish a robust role for the federal government in managing the nation's affairs. The Clause has been used to reinforce dual federalism, which involves a sharp division of powers between the federal and state governments. The Court has interpreted the Supremacy Clause to mean that federal law can preempt state law, either expressly or impliedly. Express preemption occurs when federal law explicitly states that it takes precedence over state law, while implied preemption occurs when that intent is implicit in the structure and purpose of the federal law.
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Nullification
The theory of nullification has never been legally upheld by federal courts. In Marbury v. Madison (1803), the Supreme Court held that Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Judicial system to interpret what the Constitution permits. The Supremacy Clause also establishes federal law as the law of the land, and therefore, the states cannot nullify federal court judgments. In 1832, President Andrew Jackson also proclaimed nullification to be "incompatible with the existence of the Union".
There have been three prominent attempts by states at nullification in American history. Firstly, Kentucky's attempt to nullify the Alien and Sedition Acts in 1798. Secondly, South Carolina's attempt to nullify two federal tariff laws in 1832. Thirdly, Arkansas's attempt to nullify Brown v. Board of Education (1954) in 1957. In each instance, nullification's legitimacy as a constitutional theory was rejected.
While nullification by states has been rejected, jury nullification has been legally upheld. Jury nullification refers to instances when a jury in a criminal case returns a not guilty verdict despite the defendant having broken the law beyond a reasonable doubt.
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State law vs federal law
The Supremacy Clause establishes federal law as the law of the land, meaning federal law supersedes state law. This was established in the case of Ableman v. Booth, where the Supreme Court held that state courts could not override the judgments of federal courts.
However, this does not mean that each state must base its laws on the same policy judgments reflected in federal statutes. For example, while Congress has established federal income taxes, it has refrained from implementing federal sales taxes, and states are free to make their own decisions regarding sales taxes.
While federal law takes precedence over state law, it is important to note that the federal government cannot simply impose its will on the states. The Tenth Amendment reserves powers to the states that are not specifically granted to the federal government by the Constitution. Additionally, the Eleventh Amendment protects states from being sued by citizens of other states or foreign nations.
Despite these protections, the Supreme Court has held that Congress can abrogate a treaty by legislative action, even if it violates the treaty under international law. This was demonstrated in the 1884 Head Money Cases, where the Supreme Court ruled that Congress could modify a treaty regardless of whether foreign actors still considered it binding.
In conclusion, while state law and federal law can coexist in many areas, federal law ultimately takes precedence when there is a conflict between the two. This ensures that the federal government can fulfil its intended role and uphold the Constitution.
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The Kentucky and Virginia Resolutions
The Kentucky Resolution, authored by Jefferson, asserted that states had the power to nullify unconstitutional federal laws. It stated that the states that formed the Constitution were "sovereign and independent" and had the right to judge its infraction, with nullification as the rightful remedy. The Virginia Resolution, authored by Madison, took a more moderate approach, arguing that Congress, by enacting the Alien and Sedition Acts, was exercising a power not delegated by the Constitution and expressly forbidden by one of its amendments. It introduced the idea of interposition, expressing the right of states to "interpose" to prevent harm caused by unconstitutional laws.
The intent of the resolutions was to induce other state legislatures to pass similar resolutions, creating decentralized opposition to the Federalists. However, they were considered a failure by most scholars, as they elicited disapproval from ten state legislatures. The Kentucky and Virginia Resolutions contributed to the complex debate surrounding states' rights and civil liberties, with questions arising as to whether they defended civil liberties or states' rights.
While the Kentucky and Virginia Resolutions asserted states' rights to nullify federal laws, it is important to note that state laws cannot override the Constitution. The Supremacy Clause establishes federal law as the law of the land, and the Supreme Court has the final say in matters of constitutional interpretation. In Marbury v. Madison, the Supreme Court affirmed that Congress cannot pass laws contrary to the Constitution and that the Judicial system has the role of interpreting the Constitution. Additionally, the Supreme Court has held that state courts cannot issue rulings that contradict federal courts' decisions, citing the Supremacy Clause.
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Frequently asked questions
No, state law cannot override the constitution. The Supremacy Clause establishes federal law as the "supreme Law of the Land", meaning federal statutes override state laws.
No, a state cannot impede federal authorities from enforcing a law, even if it is deemed unconstitutional by the state. However, state officials are not required to enforce federal laws that the state has determined to be unconstitutional.
A state cannot unilaterally invalidate a federal law. However, states can declare federal laws unconstitutional, but this declaration has no legal effect unless the courts agree.
