Keith Mack
The relationship between federal and state laws has been a subject of debate since the early days of the American republic. Alexander Hamilton, in Federalist 78, asserted the principle of federal supremacy, arguing that state laws cannot override the Constitution and that the federal government should not be subordinate to state constitutions. This view, known as the Supremacy Clause, establishes that federal law is the supreme law of the land and gives the Supreme Court the power to review and overrule state court decisions that conflict with federal law or the Constitution. However, the interpretation and application of this clause have evolved over time, with court decisions shaping the dynamic between federal and state authorities.
| Characteristics | Values |
|---|---|
| Supremacy Clause | Federal law is supreme over state law |
| Supremacy Clause | Federal government cannot be subservient to state constitutions |
| Supremacy Clause | Federal preemption applies regardless of whether conflicting laws come from legislatures, courts, etc. |
| Supremacy Clause | Congress can abrogate a treaty by legislative action even if it violates the treaty under international law |
| Supremacy Clause | Treaties can be used to legislate in areas within the exclusive authority of states |
| Supremacy Clause | Treaties must comply with the Constitution |
| Supremacy Clause | Treaties are not binding domestic law unless implemented by an act of Congress or explicitly "self-executing" |
| Supremacy Clause | Supreme Court has the final say in matters involving federal law and can overrule state court decisions |
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What You'll Learn
Treaties and their enforceability
The enforceability of treaties in the US is a complex issue that has been the subject of debate and interpretation by legal scholars and the courts. While it is generally accepted that treaties are as binding as federal law, there are nuances and limitations to their enforceability, particularly when it comes to state laws.
The US Constitution, in the Supremacy Clause, establishes the principle of federal preemption, which means that federal law takes precedence over state law in cases of conflict. This clause has been interpreted to include treaties, giving them the force of law at the federal level. In the 1920 case of Missouri v. Holland, the Supreme Court affirmed that the Supremacy Clause allows the federal government to make treaties that supersede state laws, even if they abrogate states' rights under the Tenth Amendment.
However, the enforceability of treaties is not absolute. The Supreme Court has held that treaties must comply with the Constitution and are subject to the Bill of Rights. In the 1957 Reid v. Covert case, the Court limited the broad interpretation of Missouri v. Holland, establishing that treaties cannot override the Constitution. Furthermore, in the 2008 Medellín v. Texas decision, the Court clarified that treaties are not binding domestic law unless they are self-executing or implemented by an act of Congress. This ruling was seen as a significant departure from longstanding practice and the plain language of the Supremacy Clause.
The self-executing nature of a treaty provision is a key factor in its enforceability. While some provisions are explicitly self-executing, others may be considered so by courts, who interpret them as having direct effect without expressly stating their self-executing nature. The primary consideration in determining whether a provision is self-executing is the intent for it to become effective as judicially enforceable domestic law without the need for implementing legislation. Congressional-Executive agreements and Sole Executive agreements may also be binding, depending on their constitutional authority and the powers of the President as commander-in-chief and head diplomat.
The enforceability of treaties and international agreements in the US legal system has been a source of confusion. The interpretation and enforcement of treaties fall under the purview of the judicial system, with the Supreme Court having the final say in matters of federal law and constitutional interpretation. While ICJ decisions interpreting treaties are given respectful consideration, they are not binding in the US legal system and are only enforceable between the parties involved in the specific case.
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Supremacy Clause
The Supremacy Clause is a significant structural provision in the US Constitution, establishing the Constitution and federal laws as the supreme law of the land. It asserts that federal law takes precedence over any conflicting state laws or state constitutions. The 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."
This clause has been interpreted to mean that federal law can preempt state law, either expressly or impliedly. Express preemption occurs when federal law explicitly states its intent to supersede state law, while implied preemption occurs when the intent to displace state law is inherent in the structure and purpose of the federal law.
The Supremacy Clause also plays a crucial role in judicial review, the process by which courts determine the constitutionality of laws. It provides the Supreme Court with the authority to review and overrule state court decisions that conflict with the Constitution or federal law, ensuring a uniform interpretation and application of the law across the nation.
In addition, the Supremacy Clause establishes the legal status of treaties, asserting that they are capable of directly establishing rules of decision for American courts. This represents a departure from traditional British rule, where treaties did not have domestic legal effect unless implemented through legislation by Parliament. However, the Supreme Court has held that treaties must comply with the Constitution and can be modified or abrogated by congressional action, even if it violates international obligations.
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Judicial review
The concept of federal preemption, derived from the Supremacy Clause, establishes that federal law takes precedence over state law in the United States. This principle was articulated by Alexander Hamilton, who asserted that any legislative act contrary to the Constitution is invalid. The Supremacy Clause has been invoked in several landmark Supreme Court cases, including Marbury v. Madison in 1803, where the Court affirmed its authority to interpret the Constitution and deemed Section 13 of the Judiciary Act of 1789 unconstitutional.
The Supreme Court's power of judicial review, as outlined in Marbury v. Madison and reinforced in subsequent cases like Martin v. Hunter's Lessee and Cohens v. Virginia, grants it the ultimate authority to review and overrule state court decisions involving federal law and constitutional interpretation. This power ensures the Court's ability to uphold the Supremacy Clause and maintain the federal government's primacy over state laws.
The Supreme Court's interpretation of the Supremacy Clause has had significant implications for the enforceability of treaties. In the 1884 Head Money Cases, the Court established that Congress could abrogate a treaty, even if it violated international law. This precedent was further strengthened in Missouri v. Holland (1920), where the Court ruled that the Supremacy Clause allows the federal government to make treaties that supersede state law, even if they abrogate states' rights under the Tenth Amendment.
However, the broad interpretation of the Supremacy Clause in Missouri v. Holland was later limited by the Court in Reid v. Covert (1957). In this case, the Court clarified that treaties and laws made under them must comply with the Constitution. The enforceability of treaties was further constrained in Medellín v. Texas (2008), where the Court held that a treaty is not binding domestic law unless implemented by an act of Congress or explicitly self-executing.
The Supreme Court's recent decisions have also impacted the regulatory landscape. For example, in Carson v. Makin (2022), the Court ruled that a law excluding religious schools from Maine's school-voucher program violated the Free Exercise Clause, prompting agencies to ensure equal treatment of religious and secular institutions in funding and access to public benefits. In West Virginia v. EPA (2022), the Court applied the Major Questions Doctrine, limiting agency power, and in Sackett v. EPA (2023), the Court ended the EPA's 20-year attempt to enforce the Clean Water Act against landowners with property near navigable waters.
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![Nomenclature and hierarchy--basic Latin American legal sources by Rubens Medina and Cecilia Medina-Quiroga, with the editorial assistance of Sandra A. Sawicki. 1979 [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)
Major Questions Doctrine
The Major Questions Doctrine is a substantive canon of construction that bars agencies from resolving questions of "vast economic and political significance" without clear statutory authorization. The doctrine was announced by the Supreme Court in West Virginia vs EPA, 142 S Ct 2587 (2022).
The Major Questions Doctrine has been described as a constitutional limitation on agency power, with some arguing that it helps preserve the separation of powers and acts as a check on executive authority. The doctrine is sometimes referred to as the "elephants in mouseholes" principle, based on the idea that Congress does not alter fundamental regulatory details in vague terms.
There are narrow and broad forms of the doctrine. The narrow version is an exception to Chevron deference, which states that courts defer to reasonable agency interpretations of ambiguous provisions. The broader version is a clear statement rule, which says that statutes must not be interpreted as delegating power to decide major questions unless the text clearly grants such power.
The Major Questions Doctrine has been criticised for promoting "judicial self-aggrandizement" and inconsistency with textualism, originalism, and norms of statutory interpretation. The doctrine's contours remain unclear, and the Court has not provided a clear explanation of its origins or purpose.
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Chevron deference
In the United States, federal laws take precedence over state laws. This principle is derived from the Supremacy Clause, which states that Congress cannot pass laws that are contrary to the Constitution. The Supreme Court has the final say in matters involving federal law and can overrule decisions by state courts.
Now, Chevron Deference is a principle of administrative law that was established in 1984 by the Supreme Court's ruling in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. For 40 years, Chevron Deference allowed federal agencies to interpret ambiguous or unclear statutes that Congress delegated to them to administer. The Supreme Court articulated a two-part test for this principle:
- First, judges examine the wording and context of the statute in question to determine if Congress's intent is clear.
- If the statutory language is ambiguous, the reviewing court must defer to the agency's choice in how to carry out the law.
The idea behind Chevron Deference is that expert agencies, accountable to an elected president, are better suited than federal judges to make policy choices that Congress left open. This principle has been applied in areas such as pollution, food safety, and healthcare.
However, in June 2024, the Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises v. Raimondo, holding that federal courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority. The Court ruled that federal courts may not defer to an agency's interpretation of an ambiguous statute, as it gives unelected government officials too much authority.
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Frequently asked questions
The Supremacy Clause is a constitutional principle that gives the federal government superiority over state governments. In other words, federal law is supreme over state law.
Yes. In Marbury v. Madison, the Supreme Court held that Congress cannot pass laws that are contrary to the Constitution and that it is the role of the Judicial system to interpret what the Constitution permits.
Yes. 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, in Reid v. Covert (1957), the Supreme Court held that treaties and the laws made pursuant to them must comply with the Constitution.
Yes. In Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821), the Supreme Court held that the Supremacy Clause and the judicial power granted in Article III give the Supreme Court the ultimate power to review state court decisions involving issues arising under the Constitution and laws of the United States.
