Gavin Howe
The relationship between state and federal laws in the US is a complex one, with the potential for conflict and overlap. While state laws only apply to citizens within a particular state, federal law applies to all US citizens. In the case of a conflict between state and federal laws, the Supremacy Clause of the US Constitution dictates that federal law supersedes state law, but only if the Federal government has jurisdiction. This is called preemption. However, the federal government cannot force state or local officers to enforce federal law, and Congress is limited to re-writing acts previously enacted by Congress and cannot rewrite state laws.
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What You'll Learn
Federal law supersedes state law
The US Constitution, in Article VI, outlines the Supremacy Clause, which establishes federal law as the supreme law of the land. This clause addresses conflicts between state and federal laws, stating that federal law supersedes state law in most cases. The Supremacy 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 plays a crucial role in federalism disputes, with the Supreme Court applying it to reinforce the division of powers between the federal and state governments. The Court's cases recognize several types of preemption, where federal law can preempt state law either expressly or impliedly. Express preemption occurs when a federal statute explicitly states its intent to preempt state law, while implied preemption occurs when the intent to preempt is inherent in the structure and purpose of the federal law.
An example of express preemption is the Immigration Reform and Control Act of 1986, which contained a preemption clause stating that federal immigration law preempted state laws on the same subject. In Arizona v. United States (2012), the Supreme Court held that Arizona's law penalizing undocumented immigrants who worked without authorization was preempted by federal immigration law.
Implied preemption can occur when state and federal laws directly conflict with each other or when federal law dominates a field that a state seeks to regulate. For instance, in Gade v. National Solid Wastes Management Association (1992), the Supreme Court ruled that federal laws on hazardous waste management preempted Illinois' laws on the same subject due to the comprehensive nature of the federal regulations.
While Congress can pass laws that may inspire states to modify their own laws, it cannot directly modify or rewrite state laws. The anti-commandeering doctrine limits Congress's authority to directly regulate the operations of state governments. However, Congress can pass laws that have an indirect effect on state laws, such as by imposing conditions on federal funding, which may influence states to make changes to their laws.
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Congress cannot rewrite state law
Congress is the lawmaking branch of the federal government. It is limited to rewriting acts previously enacted by Congress. While Congress can pass a federal bill, it cannot rewrite a state law or a federal regulation, which is written by the executive branch. This is called the anti-commandeering doctrine, which limits Congress's authority to directly regulate the operations of state governments.
The U.S. Supreme Court has upheld this doctrine in cases like New York v. United States, 505 U.S. 144 (1992). In this case, the Low-Level Radioactive Waste Policy Amendments Act of 1985 imposed an obligation on states to dispose of waste generated within their borders. The Court ruled that this Act unconstitutionally forced states to enact legislation directed by the federal government.
Congress can, however, pass laws that have an indirect effect on state laws. For example, a new federal law might place stricter conditions on federal funding, prompting a state to modify its laws regarding college funding or highway operations. This dynamic can create constitutional issues related to state power versus federal preemption. While the Supremacy Clause of the U.S. Constitution states that federal law supersedes state law in many cases of conflict, it appears the federal government has not challenged state regulatory activity in this regard.
In conclusion, while Congress can indirectly influence state laws, it cannot directly rewrite them. This separation of powers is an important feature of the U.S. political system, allowing for a dynamic interplay between federal and state authorities.
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Federal courts can overturn state court decisions
The US legal system is complex, with many areas regulated by both state and federal governments. The same goes for the courts. Article III of the US Constitution gives jurisdiction in certain types of cases solely to federal courts.
A complainant is ordinarily required, as a matter of comity, to exhaust all available state legislative and administrative remedies before seeking relief in federal court. This may make federal court adjudication unnecessary. However, the complainant is not required to exhaust state judicial remedies. When suing for the protection of federally-guaranteed civil rights, the complainant need not exhaust any state remedy.
The abstention doctrine instructs federal courts to abstain from exercising jurisdiction if the applicable state law is unclear, and a state court's interpretation of the state law might make resolving a federal constitutional issue unnecessary. Federal jurisdiction is not ousted by abstention; it is postponed. The Supreme Court has said that abstention can serve interests of federal-state comity by avoiding a result in 'needless friction with state policies'.
Any cause of action advanced at the federal level must have a federal basis, such as federal law, the federal constitution, or general legal principles accepted by the federal courts. Simply asserting that a lower court misinterpreted the state constitution is not a federal cause of action. However, a state court decision can be challenged in federal court if a federal basis for the challenge can be given. For example, in *Bush v. Gore*, Bush argued that the Florida Supreme Court's order of a recount violated the Equal Protection clause of the federal constitution, and so stayed the order.
A decision that a particular state law is constitutional is more likely to result in a federal basis for appeal, since anyone charged with a crime under the law would have standing. While they wouldn't be able to challenge the finding that the state constitution fails to bar the law in question, there are various other assertions that they could make. For example, they could argue that the law violates the federal constitution.
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Federal government can withhold funds to incentivise state law changes
The U.S. federal government cannot directly modify or rewrite state laws. The U.S. Supreme Court has limited the authority of Congress to directly regulate the operations of state governments. This is called the anti-commandeering doctrine. However, the federal government can incentivize state law changes by withholding funds.
An example of this is the January 2017 executive order issued by President Trump, which aimed to encourage state and local cooperation with federal immigration enforcement. The order stated that federal grants would be withheld from non-federal entities that had adopted "sanctuary" policies, limiting their involvement in federal immigration enforcement activities. Several jurisdictions impacted by the order challenged its constitutionality, arguing that it violated the Tenth Amendment by compelling states and localities to enforce federal immigration law.
The power of the federal government to attach conditions to federal grants is a recurring topic of litigation and congressional interest. While the federal government cannot directly rewrite state laws, it can pass laws that inspire states to modify their own laws. For example, the federal government can put stronger conditions on federal funding, which may prompt states to change their laws regarding related issues.
It is important to note that the federal government's ability to withhold funds is not unlimited. Chief Justice Roberts, in NFIB v. Sebelius, acknowledged the potential coercive nature of withholding funds, but did not set a specific standard for determining when withholding becomes coercive. The Supremacy Clause of the U.S. Constitution also addresses conflicts between state and federal laws, stating that in many (but not all) cases, federal law supersedes state law.
In conclusion, while the federal government cannot directly change state laws, it can incentivize state law changes by withholding funds or passing laws that encourage states to modify their own legislation. These actions must be carefully navigated to avoid constitutional issues related to state power and federal preemption.
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State law does not need to be changed or repealed to be unenforceable
In the United States, state law cannot be directly changed or repealed by the federal government. While Congress can pass federal bills, it cannot directly modify state law. The U.S. Supreme Court has limited the authority of Congress to regulate the operations of state governments through the anti-commandeering doctrine. This doctrine was articulated in cases like New York v. United States (1992), where the court deemed that the federal government could not force states to enact legislation.
However, it is important to note that federal law supersedes state law in many (but not all) cases of conflicting laws due to the Supremacy Clause of the US Constitution. This clause includes the doctrine of "preemption," which gives federal law priority over state law. Despite this, the federal government has generally taken the position that state regulatory activity does not violate the Supremacy Clause, as states do not prevent federal authorities from enforcing their own laws.
While state law cannot be directly changed or repealed by the federal government, it can become unenforceable through a legal doctrine known as "desuetude." Desuetude refers to a long habit of non-enforcement or a lapse of time that causes statutes, legislation, or legal principles to become unenforceable. This doctrine applies in certain contract and property rights cases involving private parties but rarely prevails in cases about the enforcement of duly enacted laws. An official statement from a government official that a law will not be enforced can also effectively nullify it.
In conclusion, while state law cannot be directly changed or repealed by the federal government, it can become unenforceable through desuetude or official statements of non-enforcement by authorized government officials. This dynamic results in a complex interplay between state and federal laws, where states may legalize certain activities, such as medicinal and adult-use cannabis, that technically remain illegal under federal law.
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Frequently asked questions
No, states cannot change federal laws. However, they can pass their own laws on the same matter, which may contradict federal laws. In the case of such a contradiction, federal law supersedes state law.
Yes, federal law supersedes state law in cases of conflict. This is known as the Supremacy Clause of the US Constitution. However, the federal government has shown a disinterest in enforcing laws that may be unconstitutional, and state laws are not changed or repealed.
The federal government cannot force states to adopt laws, but it can incentivize them to do so. For example, by threatening to withhold government funds.
