Cecily Zamora
State laws can be overturned if they are found to be unconstitutional. For example, in Pickard v. Pullman Southern Car Co., 117 U. S. 34 (1886), a Tennessee privilege tax on railway sleeping cars was overturned as it applied to cars moving in interstate commerce. Similarly, in Rogers v. Arkansas, 227 U. S. 401 (1913), an Arkansas statute requiring peddlers of lightning rods to obtain a license and pay a fee was found to impose an invalid burden on interstate commerce.
| Characteristics | Values |
|---|---|
| N/A | N/A |
Explore related products
What You'll Learn
State laws and the US Constitution
The US Constitution is the supreme law of the United States, and state laws cannot override it. If a state law conflicts with or violates the US Constitution, it can be declared unconstitutional and invalid.
For example, in Gibson v. Chouteau, 80 U.S. 92 (1872), a Maryland law that charged non-residents higher traders' license fees than residents was found to violate the Privileges and Immunities Clause of Article IV, Section 2 of the US Constitution. Similarly, in Pickard v. Pullman Southern Car Co., 117 U.S. 34 (1886), a Virginia law that allowed coupons on state bonds to be used to pay state fees was found to impair the obligation of contract when a subsequent law required legal tender for a professional license fee.
State laws that impose certain requirements on interstate commerce have also been found to be unconstitutional. In Rogers v. Arkansas, 227 U.S. 401 (1913), a Kansas law requiring foreign corporations to obtain permission from the State Charter Board, pay filing and license fees, and submit annual statements listing all stockholders to do business in Kansas was found to be unconstitutional as applied to foreign corporations engaged in interstate commerce.
Additionally, state laws that levy taxes on businesses operating in multiple states may be found to be invalid. For instance, in Van Brocklin v. Tennessee, 117 U.S. 151 (1886), a Tennessee privilege tax on railway sleeping cars was void as it applied to cars moving in interstate commerce.
In conclusion, state laws can be overturned if they conflict with or violate the provisions of the US Constitution, including the Privileges and Immunities Clause, the Full Faith and Credit Clause, and the protection of interstate commerce. The judicial system plays a crucial role in interpreting the Constitution and ensuring that state laws align with its principles.
Keeping Chickens in Your Garden: What Does the Law Say?
You may want to see also
Explore related products
State laws and Congress
Congress is the law-making branch of the federal government in the United States. 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 U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Bills can also be petitioned by citizens or citizen groups who recommend a new or amended law to a member of Congress that represents them.
Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. After this, both bodies vote to accept a bill, and then 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 approve the bill and sign it into law, or they can refuse to approve it, which is called a veto. If the president chooses to veto a bill, Congress can usually vote to override that 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.
State laws cannot interfere with the disposition of the public domain by Congress. For example, a Missouri statute of limitations, which was inapplicable to the United States, could not be applied so as to accord title to an adverse possessor as against a grantee from the United States. Similarly, a Maryland law that charged non-residents higher traders' license fees than residents violated the Privileges and Immunities Clause of Art. IV, § 2.
State laws can also be held unconstitutional if they impair the obligation of contract. For example, when a Virginia law provided that coupons on state bonds were acceptable as payment for state fees, a subsequent law requiring legal tender in payment for a professional license fee impaired the obligation of contract between the coupon holder and the state. A Tennessee privilege tax on railway sleeping cars was also found to be void as it applied to cars moving in interstate commerce.
State Courts: Power to Change Election Laws?
You may want to see also
Explore related products
State laws and presidential veto
In the United States, the president has the authority to veto state laws. This power is derived from Article I, Section 7 of the Constitution, which states that the president has ten days (excluding Sundays) to act on legislation, after which it automatically becomes law. The veto power is a significant tool for the president to prevent the passage of legislation, and even the threat of a veto can lead to changes in the content of a bill before it reaches the president's desk.
There are two types of vetoes: the "regular veto" and the "pocket veto." A regular veto is a qualified negative veto, where the president returns the unsigned legislation to the originating house of Congress within ten days, usually accompanied by a memorandum of disapproval or a "veto message." Congress can override a regular veto if two-thirds of both chambers vote to do so. The first regular veto was issued by President George Washington on April 5, 1792.
On the other hand, a pocket veto is an absolute veto that cannot be overridden. It occurs when the president fails to sign a bill after Congress has adjourned. The authority for the pocket veto comes from the same constitutional provision as the regular veto, with the added condition that Congress's adjournment prevents the bill's return. The first president to use the pocket veto was James Madison in 1812.
While the president has the power to veto state laws, it is important to note that state governors also have veto power over legislation passed by their state legislatures. This power is similar to that of the president and is derived from the governor's role as the head of their state's executive branch.
America's Laws: Rights and Limitations?
You may want to see also
Explore related products
$18.22 $19.99
State laws and interstate commerce
State laws can be overturned or invalidated if they are found to be unconstitutional. This can occur when a state law conflicts with the U.S. Constitution, federal law, or Supreme Court interpretations of the Constitution. In the context of interstate commerce, the Commerce Clause of the U.S. Constitution (Article I, Section 8, Clause 3) grants Congress the power to regulate commerce among the states. This clause has been interpreted broadly by the courts and has had a significant impact on state laws related to interstate commerce.
The Commerce Clause gives Congress the authority to facilitate commerce across state lines and prevent states from enacting protectionist policies that discriminate against out-of-state businesses or citizens. For example, in West Lynn Creamery Inc. v. Healy, the Supreme Court struck down a Massachusetts state tax on milk products because it impeded interstate commerce by discriminating against non-Massachusetts citizens and businesses.
State laws that impose burdens or restrictions on interstate commerce are also subject to scrutiny under the Dormant Commerce Clause, which prohibits states from passing legislation that excessively burdens or discriminates against interstate commerce. For instance, in Rogers v. Arkansas (1913), the Court held that an Arkansas statute requiring peddlers of lightning rods and other articles to obtain a license and pay a fee imposed an invalid burden on interstate commerce when applied to representatives of a Missouri corporation soliciting orders for the sale and delivery of stoves.
Additionally, the Commerce Clause has been used to invalidate state laws that interfere with Congress's disposition of the public domain. For example, in Van Brocklin v. Tennessee (1886), the Court held that a state could not validly sell lands for taxes that were owned by the United States at the time the taxes were levied but in which the United States no longer had an interest at the time of the sale.
The interpretation of the Commerce Clause has evolved over time, with the Supreme Court sometimes narrowing or broadening its interpretation to reflect changing economic and political conditions. For example, during the Lochner era (1905-1937), the Court interpreted the Commerce Clause more narrowly, experimenting with the idea that it did not empower Congress to pass laws impeding an individual's right to enter into business contracts. However, after 1937, the Court began to recognize broader grounds for using the Commerce Clause to regulate state activity, focusing on the economic effects of state laws on interstate commerce.
US Citizens: Lawful Permanent Residency Options
You may want to see also
Explore related products
State laws and equal protection
The Equal Protection Clause, located at the end of Section 1 of the Fourteenth Amendment, states that:
> No state shall [...] deny to any person within its jurisdiction the equal protection of the laws.
The Fourteenth Amendment places limits on discrimination by governmental entities, but not by private parties. The Equal Protection Clause applies only to state and local governments. However, the Supreme Court held in Bolling v. Sharpe (1954) that the Due Process Clause of the Fifth Amendment requires equal protection under the laws of the federal government.
The Fourteenth Amendment was proposed by the 39th United States Congress on June 13, 1866, in response to the inequality imposed by Black Codes. The Amendment marked a significant shift in American constitutionalism, by applying many more constitutional restrictions to the states than had been in place before the Civil War. The Amendment's Equal Protection Clause was intended to validate the equality provisions contained in the Civil Rights Act of 1866, which guaranteed that all citizens would have the right to equal protection by law.
The meaning of the Equal Protection Clause has been the subject of much debate. When an individual believes that either the federal or a state government has violated their guaranteed equal rights, they can bring a lawsuit against that governmental body. To do so, they must first prove that the governing body discriminated against them, resulting in actual harm. The court will then scrutinize the governmental action in one of three ways: strict scrutiny, intermediate scrutiny, or rational basis scrutiny.
Examples of state laws being held unconstitutional in relation to the Equal Protection Clause include:
- A Maryland law that charged non-residents a higher rate for traders' licenses than residents. This was held to violate the Privileges and Immunities Clause of Art. IV, § 2.
- A North Carolina statute that levied a tax on the franchise and property of a tax-exempt railroad, which impaired the obligation of contract.
- A Kansas law that imposed certain requirements as a prerequisite for foreign corporations to do business in Kansas and sue in its courts. This was held to impose an unconstitutional burden on interstate commerce.
- An Alabama law that sought to withhold from employees the right to sue in any state other than Alabama for injuries attributable to defective machinery.
Contractual Limits: Can They Override the Law?
You may want to see also
Frequently asked questions
State laws can be overturned by the Supreme Court if they are found to be unconstitutional. For example, in *Rogers v. Arkansas (1913)*, the Supreme Court found that an Arkansas law requiring peddlers of lightning rods to obtain a license and pay a fee imposed an invalid burden on interstate commerce.
A bill, which is a proposal for a new law or a change to an existing law, can be proposed by a sitting member of the U.S. Senate or House of Representatives, during their election campaign, or by citizens through a petition to a member of Congress.
After a bill is introduced, it is assigned to a committee that will research, discuss, and make changes to the bill. Once both bodies vote to accept the bill, they must reconcile any differences between their two versions. Then, both chambers vote on the same version of the bill. If it passes, it is presented to the president for approval.
