Anaya Nolan
The United States Constitution gives the federal government the final say in law, meaning federal laws prevail over state laws. This is outlined in the Supremacy Clause, which establishes that the Constitution, federal laws, and treaties made under its authority are the supreme Law of the Land. This means that federal laws can supersede state laws, and state constitutions are subordinate to federal laws. However, federal statutes and treaties must be within the parameters of the Constitution and cannot violate constitutional limits on federal power. While federal law usually takes precedence, there are instances where state laws can nullify some federal laws. State officials are not required to enforce federal laws deemed unconstitutional by the state, and states may not be compelled to enact specific laws by Congress. Nevertheless, states cannot impede federal authorities from enforcing federal laws, and individuals are subject to federal prosecution even if their state has legalized an activity or deemed a federal law unconstitutional.
| Characteristics | Values |
|---|---|
| Supremacy Clause | Establishes that the Constitution, federal laws, and treaties made under its authority, constitute the "supreme Law of the Land", and take priority over any conflicting state laws. |
| Federal preemption | Can arise in any area over which Congress has authority, but it is most often an issue in areas in which Congress and the states share authority. |
| State enforcement of federal laws | State officials need not enforce federal laws that the state has determined to be unconstitutional. |
| Blocking federal authorities | States may not block federal authorities who attempt to enforce a federal law unless a court has held that the law is unconstitutional. |
| Individual prosecution | Individuals are not exempt from prosecution by the federal government just because the state where they reside has legalized an activity or pronounced that a federal law is unconstitutional. |
| State nullification of federal laws | States can declare federal laws unconstitutional, but the declaration would have no legal effect unless the courts agreed. |
| State power over federal law | States cannot exempt people from having to pay federal income taxes as required by federal law. |
| State power over federal law | States can have their own environmental rules that are stricter than federal rules, as long as they do not go against federal regulations. |
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What You'll Learn
Supremacy Clause
The Supremacy Clause, outlined in Article VI, Clause 2 of the US Constitution, establishes that the Constitution, federal laws made in accordance with it, and treaties made under its authority, are the "supreme Law of the Land", taking precedence over any conflicting state laws. This clause was included in the Constitution to address issues with the Articles of Confederation, which lacked a provision declaring federal law superior to state law.
The Supremacy Clause states:
> 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Supremacy Clause has been interpreted to mean that federal law can preempt state law either expressly or impliedly. Express preemption occurs when a federal law explicitly states its intention to preempt state law. For example, in the case of Arizona v. United States in 2012, the Supreme Court held that federal immigration law preempted an Arizona state law penalizing undocumented immigrants for working without authorization. The Immigration Reform and Control Act of 1986 contained an express preemption clause, demonstrating Congress's intent to supersede state law.
Implied preemption, on the other hand, occurs when the intent to supersede state law is implicit in the structure and purpose of the federal law. This can happen through field preemption, where federal law so comprehensively covers a particular area that there is no room left for state regulation, or when compliance with both federal and state laws is impossible. For instance, in Sperry v. Florida (1963), the Supreme Court ruled that federal patent law preempted Florida state law regarding the licensure of attorneys as patent agents, despite Congress not expressly stating its intention to do so.
The Supremacy Clause also applies to treaties, which are considered equally as "supreme law of the land" as federal statutes. Treaties made under the authority of the United States are legally binding and can be used to legislate in areas that would otherwise be under the exclusive authority of the states. However, the 1957 case of Reid v. Covert clarified that treaties and the laws made pursuant to them must comply with the Constitution.
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Preemption
In the United States, state and federal laws often interact in complicated ways. The federal government and the states share power, and both levels of government create their own laws. However, the US Constitution gives the federal government the final say in the law, meaning federal laws always prevail over state laws. This is known as the Supremacy Clause, which says that federal laws are more important than state laws. This is to ensure that the United States remains united and to avoid conflicts between state and federal laws.
The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws. It provides that state courts are bound by, and state constitutions subordinate to, the supreme law. The Supremacy Clause was applied for the first time in the 1796 case, Ware v. Hylton, ruling that a treaty superseded conflicting state law.
Implied preemption can occur when state and federal laws directly conflict with each other, or when federal laws dominate a field that a state law seeks to regulate. For instance, in Sperry v. Florida, 373 U.S. 379 (1963), the Supreme Court ruled that federal patent law preempted state law regarding the licensure of attorneys, even though Congress did not expressly state this intention. Field preemption may occur when federal laws and regulations have so thoroughly covered a particular field that no room remains for the states.
While federal law generally supersedes state law, it is important to note that states are not required to enforce federal laws or enact regulatory programs that Congress mandates. Additionally, state officials need not enforce federal laws that the state has determined to be unconstitutional. However, states may not impede federal authorities from enforcing their laws, and individuals are not exempt from prosecution by the federal government, even if the state has legalized an activity or deemed a federal law unconstitutional.
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State nullification
The concept of state nullification holds that individual states can invalidate federal laws or judicial decisions they deem unconstitutional. It has been a subject of controversy since its inception in early American history. The theory of nullification was set forth by Thomas Jefferson and James Madison in the Kentucky and Virginia Resolutions in 1798.
Jefferson argued that the union was a "compact" of sovereign states and that the federal government was their agent with certain specified, delegated powers. The states, according to Jefferson, retained the authority to determine when the federal government exceeded its powers and could declare acts to be "void and of no force" in their jurisdictions. In other words, supporters of nullification argue that the states' power of nullification is inherent in the nature of the federal system. They argue that before the Constitution was ratified, the states were essentially separate nations.
There have been three prominent attempts by states at nullification in American history. Firstly, in 1798, Kentucky attempted to nullify the Alien and Sedition Acts. The second attempt was by South Carolina in 1832, which tried to nullify two federal tariff laws. The third attempt was by Arkansas in 1957, which sought to nullify Brown v. Board of Education (1954). In each instance, nullification's legitimacy as a constitutional theory was rejected.
The power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states, and the states do not have the power to nullify federal laws. Courts at the state and federal levels, including the U.S. Supreme Court, have repeatedly rejected the theory of nullification. The courts have decided that under the Supremacy Clause of the Constitution, federal law is superior to state law, and that under Article III of the Constitution, the federal judiciary has the final power to interpret the Constitution.
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Federal immigration law
In the United States, immigration is an area of federal oversight, with federal immigration law determining whether a person is an alien and the rights, duties, and obligations associated with that status. Federal law also provides the means by which aliens can become legally naturalized citizens with full rights of citizenship.
Under the US immigration process, intending immigrants must receive permission from the federal government before entry. There are several methods of obtaining permission to settle in the US. Refugees fleeing persecution in their country of origin may apply for refugee resettlement under the US Refugee Admissions Program (USRAP). Those who wish to immigrate for other reasons must apply for an immigrant visa with the State Department. The quantity of immigrant visas is controlled by Congress as outlined in the Immigration Act of 1990, which sets a limit on the total number of visas that may be issued, including the number of visas per country of origin. These limits are often criticised for being poorly suited to the needs of the US.
Individuals arriving on immigrant visas become lawful permanent residents (LPRs) when they arrive in the US. After residing in the US for five years (or three years in some circumstances), LPRs are eligible to apply for US citizenship, although there is no requirement that an LPR apply for citizenship. LPRs are eligible to apply for most jobs and are permitted to remain in the country permanently, while still remaining subject to immigration laws.
The US also admits a variety of noncitizens on a temporary basis. Such "non-immigrant" visas are granted to tourists, foreign students, and temporary workers and are valid for varying lengths of time. Temporary Protected Status (TPS) is granted to people who are in the US but cannot return to their home country due to natural disasters, extraordinary temporary conditions, or ongoing armed conflict in specifically designated countries or regions. Deferred Enforced Departure (DED) provides similar protection from deportation for individuals whose home countries are unstable, although this is at the discretion of the executive branch and does not lead to LPR status or confer any other immigration status.
Although immigration is primarily a federal matter, some states have passed laws intended to bolster the enforcement of existing federal immigration laws. In some cases, federal immigration law has been found to supersede state law. For example, in Arizona v. United States (2012), the Supreme Court held that federal immigration law preempted an Arizona state law penalizing undocumented immigrants who worked without authorization. The Court found that Arizona's law was "an obstacle to the regulatory system Congress chose." This is an example of express preemption, where Congress includes an express provision for preemption in the text of a statute.
Implied preemption can also occur when state and federal laws directly conflict with each other or when federal laws dominate a field that a state law seeks to regulate. For example, in Sperry v. Florida (1963), the Supreme Court ruled that federal patent law preempted a state law governing the licensure of attorneys, as preemption was "necessary and proper to accomplish" the goals of the patent laws.
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Federal civil rights laws
One notable federal civil rights statute is the Civil Rights Act of 1964, which includes Title VII, enforced by the Equal Employment Opportunity Commission. This Act aimed to enforce the constitutional right to vote, empower district courts to provide relief against discrimination in public accommodations, and authorize the Attorney General to institute suits to protect constitutional rights in public facilities and education.
Another example is the Crime Control Act of 1994, which includes provisions that make it unlawful for any governmental authority or agent to engage in practices that deprive individuals of their rights, privileges, or immunities. This statute also addresses housing rights, prohibiting the use of force or the threat of force to interfere with an individual's housing rights, with penalties ranging from fines to imprisonment.
While Congress has authority over matters that cross state lines, and states hold authority over matters within their borders, conflicts can arise. In such cases, the Supreme Court has ruled that state laws conflicting with federal law are without effect, as seen in Altria Group v. Good (2008). The Court has also clarified that express or implied preemption can occur when federal and state laws directly conflict or when federal laws dominate a field that state law seeks to regulate. For instance, in Arizona v. United States (2012), the Supreme Court held that federal immigration law preempted Arizona's law penalizing undocumented immigrants working without authorization.
In summary, federal civil rights laws provide a framework to protect individuals from discrimination, abuse, and harassment in various aspects of life, and these laws take precedence over state laws due to the Supremacy Clause and the authority of the Supreme Court to interpret and enforce federal law.
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Frequently asked questions
No, federal laws always prevail over state laws. This is outlined in the Supremacy Clause, which deems federal laws to be the "supreme law of the land".
States can declare federal laws unconstitutional, but this declaration has no legal effect unless the courts agree. States may not block federal authorities from enforcing a federal law unless a court has held that the law is unconstitutional.
In the case of a conflict, federal law will win. This helps to avoid confusion and unfairness that would arise from different states having different laws.
