Keith Mack
The question of whether states can ignore federal law is a complex one, with several factors at play. While the Supremacy Clause of the US Constitution establishes that federal law takes precedence over state law, the system of federalism in the US allows for state law to supplement or coexist with federal law. This has resulted in situations where states have chosen to legalize marijuana, create gun and immigrant 'sanctuary' states, and make other decisions that contradict federal law. However, the federal government can exert its influence by threatening to withhold federal funds or through court rulings that uphold federal authority. Ultimately, the relationship between state and federal law in the US is a dynamic and evolving area of law that continues to shape domestic policies and legal precedents.
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What You'll Learn
The Supremacy Clause
While the Supremacy Clause establishes the supremacy of federal law, it is not a binary switch. The system of federalism in the United States allows for state law to supplement or stand alongside federal law. In some cases, states have rejected the decisions of federal courts, creating a tension between federal and state authority. However, the Supremacy Clause ensures that federal law prevails in cases of conflict between federal and state statutes.
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State sovereignty
In the United States, the federal government and state governments have often clashed over certain laws, with several states introducing resolutions and legislation that go against federal actions. While the Supremacy Clause of the US Constitution dictates that federal law prevails over state law, and the Supreme Court has explicitly rejected the notion that states can nullify federal law, some states have still chosen to disobey federal law.
However, the federal government has tools at its disposal to ensure states fall in line, such as threatening to withhold federal funds. For example, when the federal government wanted to raise the drinking age to 21, it threatened to withhold highway funds from states that did not comply. While states can choose not to enforce federal law, they cannot nullify it. In Cooper v. Aaron, the Supreme Court held that federal law "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes".
Despite this, states have found ways to circumvent federal law. For instance, several states have legalised marijuana for medicinal and recreational use, despite it being classified as a Schedule I Drug under federal law. While the federal government can't force states to keep marijuana illegal, it can still enforce its own laws against individuals or businesses. Additionally, in 2010, the Virginia Senate passed legislation declaring that Virginia residents cannot be forced to buy health insurance, which went against a key provision of a proposed federal health care overhaul.
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Sanctuary states
There are currently 11 sanctuary states in the US, including California, Connecticut, Colorado, Illinois, Massachusetts, New Jersey, and Oregon. These states have laws, ordinances, regulations, resolutions, policies, or other practices that obstruct immigration enforcement and shield criminals from Immigration and Customs Enforcement (ICE). For example, California, with the signing of the California Values Act in 2017, became the most populous sanctuary state, with nearly 40 million residents. In 2019, Illinois expanded its sanctuary law with the signing of three bills.
Sanctuary policies are controversial, with critics arguing that they place the public at risk by preventing federal authorities from locating, arresting, and prosecuting criminal aliens. In response to sanctuary policies, the federal government has threatened to withhold funding or impose other consequences. For instance, the Trump administration withheld $2.7 million in federal law enforcement grants from Colorado.
The concept of sanctuary states highlights the complex dynamics between federal and state law in the US. While states cannot legally ignore federal law, they can choose not to cooperate with its enforcement, supplement it with their own legislation, or even seek to transcend its limitations.
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Federal funding withheld
The federal government can withhold funding from states to encourage compliance with federal laws. This practice is known as "impoundment" and has been used by presidents to delay or cancel spending on programs authorized by Congress. While the Constitution grants Congress the power to approve spending in the federal budget, the president is tasked with executing the approved funds.
The Supreme Court has placed limitations on the federal government's authority to withhold funding, stating that the financial inducements must not be so coercive as to pass the point of "pressure turning into compulsion". For example, in the case of Dole, the Court allowed the withholding of a small amount of federal funds (less than 5% of the state's federal highway funds) as it was considered "mild encouragement". On the other hand, the Court may find compulsion when the withheld funds represent a significant portion of a state's budget.
In recent years, there have been controversies regarding the withholding of federal funds from "sanctuary jurisdictions", which are state or local governments that limit their involvement in federal immigration enforcement activities. For instance, the City of San Francisco argued that an executive order threatening to withhold funds violated the Spending Clause as it imposed conditions unrelated to the purpose of the funds.
The power of the federal government to withhold funding from states that do not comply with federal laws is a complex issue that has led to litigation and congressional interest. While the federal government has the authority to withhold or delay funding, there are limitations to this power, and the Supreme Court has played a role in defining these boundaries.
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State court rulings
The Supremacy Clause of the US Constitution holds that federal law prevails over state law and cannot be nullified by state legislators, executives, or judicial officers. However, several US states have introduced resolutions and legislation in protest of federal actions, and state courts have, at times, chosen not to follow the United States Supreme Court.
In 2003, the Arizona Supreme Court "rejected" a decision of the US Supreme Court, citing no "sound reasons" for following it. Similarly, in 2006, Michigan voters approved a ballot initiative that sought to "freeze" the state's law to prevent state courts from following a ruling of the US Supreme Court. These state laws and decisions remain in effect because the Supremacy Clause is not a binary switch; without complete preemption, the system of federalism allows state law to supplement or stand alongside federal law.
State courts have also rejected federal caselaw as a way for democratic majorities to reduce the practical impact of federal court decisions. For example, 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 Court upheld the statute because it did not view it as a command and only required consideration of federal standards. The Court concluded that since there was nothing in the federal law directly compelling the states to enact a legislative program, it was inconsistent with the Constitution's division of authority between the federal government and the states.
In Printz v. US (1997), the Supreme Court held that a federal law violated constitutional principles of state sovereignty by requiring state officials to receive firearms dealers' reports. County sheriffs in two states complained that the federal government lacked the power to force them to administer a federal regulatory scheme. Justice Scalia observed that the Tenth Amendment, the Powers Clause, and other provisions establish a dual sovereignty system that is violated when Congress orders state executives to administer a state regulatory program.
In practice, the federal government has used the threat of withholding federal funds to keep states in line with its policies. For example, the federal government raised the drinking age to 21 by threatening to withhold highway funds from states that did not comply.
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Frequently asked questions
No, states cannot ignore federal law. The Supremacy Clause of the US Constitution states that federal law prevails over state law.
States can introduce legislation and resolutions that protest or reject federal law. For example, in 2010, the Virginia Senate passed legislation declaring that Virginia residents cannot be forced to buy health insurance.
States cannot nullify federal law, but they can supplement or stand alongside it. For example, states can create sanctuary cities/states where local law enforcement chooses not to enforce federal law on a particular matter.
The federal government can threaten to withhold federal funds to keep states in line with federal law. For example, the federal government raised the drinking age to 21 by threatening to withhold highway funds from states.
The US has a system called Federalism, where state and federal governments can focus on different things. While federal law applies to all US citizens, state laws only apply to citizens within a particular state.
