Anaya Nolan
The relationship between federal and state law in the United States is a complex one, with the potential for conflict and overlap. The Supremacy Clause, as interpreted by the Supreme Court, gives the federal government the power to make treaties that supersede state law, even if they abrogate states' rights. This has been a source of contention, with legal experts questioning whether certain actions by the Trump Administration violate federal law. For example, there has been scrutiny over the Treasury Department granting Elon Musk access to the federal payment system, and the legality of buyout offers to federal workers. The interpretation and enforcement of federal law are critical to maintaining the integrity of the US system of government, with the Judicial system playing a key role in interpreting the Constitution.
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What You'll Learn
Treaties and the law
Treaties are formal, legally binding written agreements between sovereign states and/or international organisations that are governed by international law. Treaties are among the earliest manifestations of international relations, with the first known example being a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. Treaties are roughly analogous to contracts in that they establish the rights and binding obligations of the parties. They can take many forms and govern a wide range of subject matters, such as security, trade, the environment, and human rights. Treaties can 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 typically only binding on the parties that have signed and ratified them, and they must comply with the legal principle of pacta sunt servanda, which means that parties are committed to performing their duties and honouring 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 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 arising under the Tenth Amendment. However, in the 1957 case of Reid v. Covert, the Supreme Court held that treaties and the laws made pursuant to them must comply with the Constitution. This was further limited in the 2008 decision in Medellín v. Texas, which stated that a treaty is not binding domestic law unless implemented by an act of Congress or is explicitly "self-executing".
The 1969 Vienna Convention on the Law of Treaties (VCLT) established rules and guidelines for creating, amending, interpreting, and terminating treaties, as well as for resolving disputes and alleged breaches. Reservations are unilateral statements that purport to exclude or modify the legal obligation and its effects on the reserving state. These must be included at the time of signing or ratification and are generally permitted as long as they are not inconsistent with the goals and purposes of the treaty.
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State and local closing laws
In the United States, the federal government has the final say in matters of federal law, and state laws cannot override them. This principle is derived from the Supremacy Clause, which gives the Supreme Court the power to review state court decisions and interpret the Constitution.
When it comes to closing laws, there are some general practices that are followed across the country. For example, attorneys conduct closings, and there must be a local attorney involved. The type of deed and security instruments used can vary by state, with some states using deeds of trust and others using security deeds. Foreclosure processes also differ, with some states requiring foreclosure advertising to appear for a certain period before the sale can take place.
When closing a business, there are several federal and state laws that must be followed. Sole proprietors can decide to close on their own, but partnerships require the co-owners to agree. It is important to file dissolution documents and cancel registrations, permits, licenses, and business names to avoid continued taxes and filing requirements. The Worker Adjustment and Retraining Notification Act (WARN) also requires employers with 100 or more employees to provide at least 60 days' advance written notice of a plant closing or mass layoff.
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Federal employment law
In the United States, federal employment law is a complex and wide-ranging area that covers a multitude of aspects relating to employment. The US Department of Labor (DOL) is the federal department responsible for administering and enforcing federal employment laws. The DOL enforces over 180 federal laws that cover approximately 165 million workers and 11 million workplaces.
The Fair Labor Standards Act (FLSA) is a key piece of federal legislation that establishes minimum wage, overtime pay, record-keeping, and youth employment standards. The FLSA applies to most full-time and part-time workers in the private sector and federal, state, and local governments. The Act requires employers to pay covered employees at least the federal minimum wage of $7.25 per hour (as of July 24, 2009) and overtime pay of one-and-one-half times the regular rate for hours worked over 40 in a workweek. The FLSA also includes provisions for tipped employees and employees with disabilities.
The Employee Retirement Income Security Act (ERISA) is another significant federal law that regulates employers who offer pension or welfare benefit plans for their employees. ERISA imposes fiduciary, disclosure, and reporting requirements on plan administrators and others involved with these plans. Additionally, certain employers and plan administrators must fund an insurance system to protect retirement benefits, with premiums paid to the federal government's Pension Benefit Guaranty Corporation.
Other federal employment laws include the McNamara-O'Hara Service Contract Act, which sets wage rates and labor standards for employees of contractors providing services to the federal government. The Walsh-Healey Public Contracts Act ensures that contractors providing materials and supplies to the federal government adhere to minimum wage and labor standards. The Consumer Credit Protection Act regulates garnishment of employee wages by employers, while the Family and Medical Leave Act (FMLA) mandates that employers with 50 or more employees provide up to 12 weeks of unpaid, job-protected leave for eligible employees in the event of childbirth, adoption, or serious illness.
While federal employment laws provide a baseline of protections and standards, it is important to note that in the US, federalism allows for a dual sovereignty between the federal government and the states. The Supremacy Clause of the Constitution establishes the principle of federal preemption, where federal law takes precedence over state law in the event of a conflict. However, the interpretation and application of this clause have been subject to debate and legal scrutiny over time.
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Election integrity
The integrity of elections is a critical issue in any democracy. In the United States, the question of whether states can trump federal law in this area is a complex one.
The US Constitution, specifically the Supremacy Clause, establishes the principle of federal preemption, which means that federal law takes precedence over state law in cases of conflict. This has been upheld by the Supreme Court in several landmark cases, including Marbury v. Madison (1803), where the Court affirmed its power to interpret the Constitution and strike down laws that contradict it.
However, when it comes to elections, the US Constitution grants authority to both Congress and the states to regulate the process. This has led to a dynamic where states can implement their own election laws, which can sometimes come into conflict with federal laws or interpretations thereof.
In recent times, the issue of election integrity has been a prominent topic, with President Donald J. Trump signing an Executive Order in March 2025 to protect the integrity of American elections. This order included provisions such as strengthening voter citizenship verification and banning foreign nationals from interfering in elections. The order also directed updates to security standards for voting equipment and prioritized federal grant funds for states that complied with the set integrity measures.
However, this Executive Order faced legal challenges, with a federal judge blocking portions of it, specifically the requirement to provide documentary proof of citizenship before registering to vote. This highlights the ongoing tension between federal and state authorities in implementing election integrity measures.
To address these concerns, the Attorney General has been directed to enter into information-sharing agreements with state election officials to identify election fraud and violations. Non-compliant states may face prioritized enforcement of election integrity laws and the loss of federal funding. Additionally, the Attorney General is tasked with enforcing laws prohibiting foreign nationals from contributing to or donating to US election campaigns.
In summary, while the US Constitution establishes federal preemption, the unique nature of election regulation in the US, with shared authority between federal and state governments, creates a complex dynamic. Election integrity measures implemented by President Trump aimed to address concerns but also faced legal challenges, underscoring the ongoing debate over the role of states and the federal government in safeguarding election integrity.
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Supreme Court rulings
The Supremacy Clause establishes the principle of federal preemption, which holds that federal law takes precedence over state law. This is derived from the Marbury v. Madison case of 1803, in which the Supreme Court ruled that Congress cannot pass laws that go against the Constitution and that the Judicial system is responsible for interpreting the Constitution. The Supreme Court further asserted its authority in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821), ruling that it has the power to review state court decisions involving the Constitution and federal law, and can overrule these decisions.
The Supreme Court has also ruled on the enforceability of treaties, holding in 1884 that Congress can abrogate a treaty even if it violates the treaty under international law. In Missouri v. Holland (1920), the Court ruled that the Supremacy Clause allows the federal government to make treaties that supersede state law, even if they abrogate states' rights. However, in Reid v. Covert (1957), the Court clarified that treaties and the laws made under them must comply with the Constitution. This was further limited by Medellín v. Texas (2008), which ruled that a treaty is not binding domestic law unless implemented by an act of Congress or explicitly "self-executing".
The Supreme Court has also weighed in on issues such as affirmative action, with the 2023 ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College stating that "affirmative action" admission programs violate the Equal Protection Clause of the Fourteenth Amendment. In Carson v. Makin (2022), the Court found that a law excluding religious schools from a school voucher program violated the Free Exercise Clause. The Roman Catholic Diocese of Brooklyn v. Cuomo (2020) struck down COVID-era occupancy restrictions on churches and synagogues, deeming them harsher than those for "essential" businesses.
In terms of executive power, the Supreme Court has been invoked in relation to President Donald Trump's attempts to remove high-ranking judges and federal workers. Trump's administration has also faced legal challenges from federal courts, with over 10 courts halting or rejecting his actions on issues like spending and citizenship.
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Frequently asked questions
No, state law cannot override federal law. The Supremacy Clause gives the Supreme Court the power to review state court decisions and the final say in matters involving federal law.
The Supremacy Clause is a constitutional principle that gives the Supreme Court the power to overrule decisions by state courts.
In the case of a conflict between state and federal law, the federal law prevails. The Supreme Court has held that the Supremacy Clause allows the federal government to make treaties that supersede state law, even if they abrogate states' rights.
Yes, a state law can be challenged if it conflicts with a federal law. The Supreme Court has the power to review state court decisions and determine if a state law is contrary to the Constitution or federal law.
Some examples of federal laws that supersede state laws include federal election laws, such as those prohibiting foreign nationals from participating in federal, state, or local elections, and laws related to voter registration and voting procedures.
