Keith Mack
The relationship between state and federal laws in the United States is a complex one, with the federal government having the final say in law-making. This is due to the Supremacy Clause, which ensures that federal laws are more important than state laws, safeguarding unity across the country. While states cannot nullify federal laws, they can have their own rules, as long as they do not go against federal regulations. For example, some states have legalised marijuana use, but it is still illegal under federal law. This has resulted in a complicated dynamic between state and federal laws, with the federal government having the power to override state laws.
| Characteristics | Values |
|---|---|
| Supremacy | Federal laws are the highest authority, but states also have their own laws |
| Jurisdiction | Federal law overrides state law, but only if the Federal government has jurisdiction |
| State Sovereignty | States are sovereign, but have ceded some aspects of their sovereignty to the USA |
| State Enforcement of Federal Laws | State officials need not enforce federal laws that the state has determined to be unconstitutional |
| Federal Enforcement of Federal Laws | The federal government can enforce federal laws in states, but chooses not to in some cases |
| State Nullification of Federal Laws | States cannot nullify federal laws, but they can have their own stricter rules in certain areas |
| State and Federal Interaction | State and federal laws often interact in complicated ways |
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Nullification
Thomas Jefferson and James Madison, authors of the Kentucky and Virginia Resolutions of 1798, respectively, are credited with originating the theory of nullification. According to Jefferson, the Constitution was a "compact" among the states that delegated a set of limited powers to the federal government. He wrote that "each party" to the compact had "an equal right to judge for itself" whether the compact had been broken, implying that "every state" had the power to "nullify of their own authority" any violation of the Constitution.
There have been several notable historical attempts by states to nullify federal laws, including the Kentucky and Virginia Resolutions of 1798, the South Carolina Nullification Crisis of 1832-1833, and Arkansas's attempt to nullify Brown v. Board of Education in 1957. In each instance, nullification's legitimacy as a constitutional theory was rejected.
While nullification has its supporters, who see it as a check against federal tyranny, it also has its drawbacks. If state and local governments could invalidate federal law, it could lead to the continuation of discriminatory laws and practices, such as bans on interracial marriages or the jailing of gay people for consensual sex.
Ultimately, the federal courts have consistently held that under the Constitution, the states do not have the power to nullify federal laws. The Supremacy Clause, found in Article VI of the Constitution, establishes that federal laws are more important than state laws and are thus superior to and controlling over state laws.
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Supremacy Clause
The Supremacy Clause, found in Article VI of the US Constitution, establishes federal law as superior to state law, ensuring uniformity across the country. It 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, anything in the Constitution or Laws of any State to the contrary notwithstanding.
The Supremacy Clause was included in the Constitution to address the shortcomings of the Articles of Confederation, which lacked a provision declaring federal law's supremacy over state law. As a result, during the Confederation era, federal statutes did not bind state courts unless implemented by state legislation.
The inclusion of the Supremacy Clause in the Constitution was not without controversy. However, advocates of federal supremacy prevailed, and the Constitution was ratified in 1788 with the clause intact.
The Supreme Court has played a significant role in interpreting and applying the Supremacy Clause. In the late 18th and early 19th centuries, the Court relied on the clause to establish a robust role for the federal government in managing the nation's affairs. The Court has also recognised several types of preemption, where federal law can expressly or impliedly override state law.
While the Supremacy Clause gives the federal government the final say in law, states do have some autonomy. For example, states can have stricter environmental rules than federal regulations, as long as they do not conflict with federal law. Additionally, state officials are not required to enforce federal laws that their state has deemed unconstitutional, and they cannot be compelled by Congress to enact specific laws. However, states cannot block federal authorities from enforcing federal laws, and individuals can still be prosecuted by the federal government for violating federal law, even if their state has legalised the activity in question.
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State sovereignty
In the United States, state and federal laws often interact in complicated ways. While both levels of government create their own laws, the U.S. Constitution gives the federal government the final say, with federal laws prevailing over state laws. This is due to the Supremacy Clause, found in Article VI of the Constitution, which ensures unity across the country.
However, this does not mean that states are required to enforce federal laws or enact regulatory programs that Congress mandates. In the 1997 case of Printz v. United States, the Supreme Court ruled that the federal government could not compel state law enforcement authorities to conduct background checks. Similarly, in FERC v. Mississippi (1982), the Court observed that it had never explicitly sanctioned a federal command to the states to promulgate and enforce laws and regulations.
The Tenth Amendment has been cited as a source of protection for state sovereignty, with the National League of Cities v. Usery (1976) case reviving it as an independent constitutional constraint. The Court found that there are "attributes of sovereignty attaching to every state government which may not be impaired by Congress". This was further emphasised by Justice O'Connor, who noted that nothing prevents states from voluntarily choosing to participate in the enforcement of federal laws.
While states may not block federal authorities from enforcing a federal law, they are not required to enforce laws that they deem to be unconstitutional. An individual state cannot unilaterally invalidate a federal law, but this can be done through collective action by multiple states.
In conclusion, while federal laws take precedence over state laws in the United States, state sovereignty is protected by the Constitution and upheld by the Supreme Court, allowing states a degree of autonomy in certain areas.
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Marijuana laws
However, this discrepancy between state and federal laws creates challenges and injustices. For example, businesses that sell marijuana legally in their state cannot open bank accounts or accept credit cards because banks are not allowed to do business with them under federal law. Furthermore, individuals who possess or cultivate marijuana within the limits allowed by their state can still be arrested and prosecuted by the federal government.
The CSA only preempts state laws under very limited circumstances. According to 21 U.S.C. 903, the CSA is not intended to preempt state drug laws unless there is a "positive conflict" between state and federal law, making it “physically impossible” to comply with both. Courts have generally held that state medical marijuana programs do not fall under this category, as they do not require state workers to violate federal law; they simply regulate private individuals who choose to do so.
The federal government has also shown some flexibility in enforcing its marijuana laws. The Rohrabacher-Farr amendment, passed in 2014, prohibits federal prosecution of individuals complying with state medical cannabis laws. Additionally, federal law is generally not enforced against the possession, cultivation, or intrastate distribution of cannabis in states where it has been legalized. In 2024, the Drug Enforcement Administration even initiated a review to potentially reclassify cannabis as a less restrictive Schedule III drug.
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Same-sex marriage
In the United States, the federal government and individual states have often been at odds over the issue of same-sex marriage. Efforts to legalise same-sex marriage began in the 1990s, with civil unions for same-sex couples being established in many states. However, at the federal level, the Defence of Marriage Act, passed in 1996, defined marriage as a union between a man and a woman, allowing states to deny marriage equality. This act prohibited the federal government from recognising same-sex marriages that were valid in a particular state and allowed other states to refuse to recognise these marriages.
Despite this, several states, including California, New York, and Massachusetts, took steps towards marriage equality by striking down past bans and enshrining marriage equality in new laws. In 2015, the Supreme Court's ruling in Obergefell v. Hodges established same-sex marriage as a national right, and former President Donald Trump stated that it was "settled law". This ruling expanded federal recognition of same-sex marriages to include various benefits such as bankruptcies, prison visits, survivor benefits, and social security.
However, same-sex marriage continues to face opposition from some state lawmakers, particularly those aligned with conservative and religious ideologies. In 2025, Republican lawmakers in several states introduced resolutions urging the Supreme Court to overturn the Obergefell v. Hodges decision, arguing that it is not rooted in the Constitution. These lawmakers have proposed creating a new category of "covenant" marriages exclusively between a man and a woman. Additionally, President Trump's anti-LGBTQ+ measures and the Supreme Court's willingness to overturn precedents, as seen in the Roe v. Wade case, have emboldened these lawmakers.
Despite these efforts, public opinion has largely shifted towards acceptance of same-sex marriage, with a 2021 Gallup poll indicating that a majority of Americans, including Republicans, favoured legal recognition. Furthermore, the Respect for Marriage Act, signed into law by President Joe Biden in 2022, requires states outlawing same-sex marriage to recognise marriages performed in other states. While same-sex marriage faces ongoing challenges, it has become a widely recognised civil right, and any reversal of the Obergefell decision would be a significant blow to LGBTQ+ equality.
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Frequently asked questions
No. The Supremacy Clause, found in Article VI of the US Constitution, establishes federal laws as the supreme law of the land. Federal laws always prevail over state laws.
No. It is settled that states cannot nullify federal laws. However, states are not required to enforce federal laws and enact regulatory programs that Congress mandates.
Federal law overrides state law, but only if the Federal government has jurisdiction. For example, states can have stricter environmental rules than federal rules, as long as they do not go against federal regulations.
No. States may not block federal authorities who attempt to enforce a federal law unless a court has held that the law is unconstitutional.
