Keith Mack
The United States government operates under a system called Federalism, where the national government and the states both have the power to make and enforce laws. The law-making branch of the federal government is Congress, which can propose and pass bills that become federal laws. However, states also have the authority to create their own laws, and in some cases, they can choose not to enforce federal laws within their borders. This dynamic often leads to a focus on different legislative priorities at the state and federal levels. The area of law that addresses conflicts between state and federal laws is known as the Supremacy Clause of the US Constitution, which includes the doctrine of preemption, giving federal laws precedence over state laws in many (but not all) cases of conflict.
| Characteristics | Values |
|---|---|
| Can states make and enforce laws? | Yes, but it depends on the type of law and whether it conflicts with federal law. |
| Federal law enforcement | A combination of public and private efforts. |
| Public enforcement | Civil enforcement by a federal agency and the states, typically through their attorneys general. |
| Private enforcement | Private parties can sue to enforce federal law. |
| Supremacy Clause | Federal law supersedes state law in many (but not all) cases of conflicting laws. |
| State sovereignty | The Tenth Amendment and the enumerated Powers Clause establish a system of dual sovereignty that is violated when Congress orders states to administer federal law. |
| Federal requirements | Congress can impose conditions on the receipt of federal funds by states, provided they are a proper exercise of Congress' spending power. |
| State compliance | States may voluntarily comply with federal law to make themselves eligible for federal grants. |
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What You'll Learn
Federalism and state sovereignty
The Tenth Amendment to the US Constitution is a crucial text in understanding state sovereignty. It states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." In other words, it outlines a system of enumerated powers, where the federal government has only those powers specifically granted to it by the Constitution, while states retain all other powers. This amendment has been central to Supreme Court decisions on state sovereignty, with Justice Scalia interpreting it as establishing a system of dual sovereignty that is violated when Congress orders states to administer federal regulatory programs.
The concept of federalism and state sovereignty has evolved over time, with different Supreme Court eras taking varying approaches. The Rehnquist Court, for instance, pursued a form of "New Federalism" or "State Sovereignty Federalism", seeking to carve out a zone of state autonomy shielded from federal regulation. This era saw cases such as New York v. United States (1992) and Gregory v. Ashcroft (1991), which affirmed states' rights and limited federal power. The Eleventh Amendment also played a role in this era, with cases like Seminole Tribe of Florida v. Florida (1996) and Alden v. Maine (1999) granting states immunity from certain lawsuits in federal court, further preserving their sovereign status.
The Roberts Court has continued to invoke state sovereignty to maintain a zone of state autonomy, while also interpreting New Deal federalism as a "high-water mark" of federal power. This interpretation suggests that federal powers cannot be expanded without a limiting principle, thus emphasising the importance of state sovereignty in checking federal power. The federal system, with its division of powers, has been credited with fostering prosperity and contentment in the United States, as it avoids the concentration of power at the national level and the potential for a political war of all against all.
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The Supremacy Clause
The clause has been interpreted by the Supreme Court to mean that federal law can preempt state law, either expressly or impliedly. Express preemption occurs when federal law explicitly states its intent to preempt state law. On the other hand, implied preemption happens when the intent to preempt is implicit in the structure and purpose of the federal law. One type of implied preemption is field preemption, which occurs when federal law is so pervasive that it leaves no room for state supplementation or when the federal interest is so dominant that it precludes state law on the same subject.
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Dual sovereignty
The dual sovereignty doctrine refers to the ability of separate sovereignties, such as separate states, to pursue the same case in criminal court when the offence committed impacts both jurisdictions. This doctrine establishes an exception to the Double Jeopardy Clause of the Fifth Amendment of the U.S. Constitution, which protects individuals from being prosecuted more than once for the same offence.
The dual sovereignty doctrine was first applied in United States v. Lanza and has since been applied in dozens of cases over 170 years, including in Bartkus, Abbate, and United States v. Wheeler. In 2019, the Supreme Court reaffirmed the dual sovereignty doctrine in Gamble v. United States, holding that a defendant's Fifth Amendment rights are not violated when prosecuted by two separate sovereignties for the same offence. In this case, state and federal governments both sought convictions for the same offence that violated state and federal laws. The Court clarified that "where there are two sovereigns, there are two laws, and two 'offences'".
The Court has justified the dual sovereignty doctrine on the grounds that different units of government may have different interests to serve in the definition of crimes and the enforcement of their laws. Without this principle, states could impose more lenient sentences on defendants under state law, thereby barring federal prosecution even if the "defendants' acts impinge more seriously on a federal interest than on a state interest".
Recent Supreme Court rulings based on state sovereignty concerns prohibit the federal government from requiring states to enact or enforce a federal regulatory program or requiring state officials to administer a federal regulatory scheme. These rulings allow Congress to impose conditions on the receipt of federal funds, provided that certain standards are met.
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Federal regulatory programs
State sovereignty rulings by the Supreme Court have established that the federal government cannot require states to enact or enforce federal regulatory programs or mandate state officials to administer them. This is based on the Tenth Amendment, the enumerated Powers Clause, and other provisions that uphold a system of dual sovereignty. However, states may voluntarily comply with federal laws to become eligible for federal grants, and Congress can impose conditions on the receipt of these grants, provided they are a proper exercise of Congress' spending power as granted by the Constitution.
An example of a federal regulatory program is the Public Utility Regulatory Policies Act of 1978, which encouraged states to address the nation's energy crisis. The Court upheld this statute as it did not view it as a command but only required consideration of federal standards. If a state chose not to regulate in this field, it was not compelled to enact a legislative program, thus respecting the division of authority between the federal and state governments.
In conclusion, federal regulatory programs provide a framework for governance, but the power to make and enforce laws is shared between the federal and state governments, with state sovereignty being a key consideration.
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Federal enforcement
The US legal system is a federal system, meaning that there are situations where both state and federal governments can enforce laws. The federal government can make laws that apply nationwide, but the states also have their own constitutions and laws that are enforced by state and local law enforcement agencies.
The federal government has the power to make laws on issues that affect the entire country, such as national security, immigration, and interstate commerce. Federal laws are made by Congress, which is the lawmaking branch of the federal government. A bill is a proposal for a new law or a change to an existing law, and it can be proposed by a sitting member of the US Senate or House of Representatives. Once a bill is introduced, it is assigned to a committee, which will research, discuss, and make changes to the bill. If the bill passes through the committee stage, it will then go to the full Congress for a vote. If the bill passes in Congress, it will be sent to the President, who can choose to sign it into law or veto it. Congress can override the presidential veto with a two-thirds majority vote, but if Congress is no longer in session, the bill will be pocket-vetoed and cannot become law.
In some cases, federal law takes precedence over state law. This is known as the Supremacy Clause, which states that federal law supersedes state law in many (but not all) cases of conflicting laws. For example, the federal government banned the sale of marijuana, but some states have legalized it for medical use. While federal law enforcement could prosecute individuals for possessing marijuana, they have chosen to focus on other priorities, such as marijuana revenue that appears to fund gangs or support distribution to minors.
The Tenth Amendment and the enumerated Powers Clause establish a system of dual sovereignty, which is violated when Congress orders state executives to administer a state regulatory program. The Supreme Court has ruled that the federal government cannot require states to enact or enforce a federal regulatory program or require state officials to administer a federal regulatory scheme. However, Congress can impose conditions on the receipt of federal funds, as long as they are a proper exercise of its spending power and meet certain standards.
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Frequently asked questions
Yes, states can make and enforce laws. The law-making process differs between the House of Representatives and the Senate, but in general, a bill can be proposed by a sitting member of the U.S. Senate or House of Representatives, or be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. If the bill is vetoed by the president, Congress can vote to override the veto.
Yes, states can refuse to enforce federal laws. This is known as "state sovereignty". Recent Supreme Court rulings based on state sovereignty concerns prohibit the federal government from requiring states to enact or enforce federal regulatory programs or requiring state officials to administer federal regulatory schemes.
No, federal law enforcement cannot compel state law enforcement to enforce federal laws. This would violate the separation of powers principles arising from the constitution's structure.
Yes, states can legalize something that is prohibited by the federal government. This is because of a system called Federalism, which allows the state and federal governments to focus on different things. For example, California voters decided to create an exception to their state marijuana possession law for residents who met certain medical requirements, despite the federal government still considering possession by those individuals illegal.
