Kara Sears
The United States Constitution is the supreme law of the land, and federal law takes precedence over state law. The Supreme Court has the final say on matters of federal law and constitutional interpretation and can overrule state court decisions. This means that states cannot make laws that violate the Constitution, and the Supreme Court has the power to strike down any state laws found to be unconstitutional. The Court's power of judicial review allows it to declare a Legislative or Executive act in violation of the Constitution. This power is considered a cornerstone of the United States' federal political structure, ensuring that each branch of government recognizes its limits and protecting civil rights and liberties.
| Characteristics | Values |
|---|---|
| Can states make laws that violate the Constitution? | No |
| Who decides if a law violates the Constitution? | The Supreme Court |
| What is the name of the power that allows the Supreme Court to do this? | Judicial review |
| What is the law that establishes the Constitution as the "supreme law of the land"? | The Supremacy Clause |
| What does the Supremacy Clause do? | It establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority take priority over any conflicting state laws |
| Can the federal government require states to enforce a federal regulatory program? | No, as established in Printz v. U.S. |
| Can the federal government require state officials to administer a federal regulatory scheme? | No, as established in Printz v. U.S. |
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What You'll Learn
Supreme Court's authority to strike down state laws
The US Supreme Court takes its authority from Article III of the US Constitution, which established it as one of the three main organs of the federal government. Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Supreme Court's original jurisdiction generally applies to cases involving disputes between two or more US states and disputes involving representatives of foreign nations. Its appellate jurisdiction applies to other cases that implicate federal law or the Constitution. In most situations, the Court is not required to hear a specific case on appeal and has the discretion to decide whether to review a case under the Certiorari Act of 1925. On average, the Supreme Court grants about 2% of these petitions each year. Certiorari is more likely to be granted when a case involves an important social issue or when lower federal courts have reached conflicting decisions.
The Supreme Court can strike down any law or other action by the legislative or executive branch that violates the Constitution. This power of judicial review plays a critical role in ensuring that each branch of government recognizes the limits of its own power. The Supreme Court also protects civil rights and liberties by striking down laws that violate the Constitution and sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm and/or take undue advantage of unpopular minorities.
For example, in the case of Strauder v. West Virginia (1880), the Supreme Court struck down a West Virginia law barring African Americans from jury service as a violation of the Equal Protection Clause. In another case, Printz v. United States (1997), the Supreme Court held that a federal law violated constitutional principles of state sovereignty by requiring state officials to conduct background checks as part of a federal program.
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State sovereignty and federal regulatory schemes
The concept of state sovereignty in the United States refers to the political doctrine that emphasizes the autonomy and powers of individual states within the federal system. This idea has its roots in the early governance structure established by the Articles of Confederation, which explicitly acknowledged state sovereignty. However, the subsequent US Constitution introduced a framework that prioritized national supremacy, sparking ongoing debates about the balance of power between state and federal authorities.
Over time, the US Supreme Court has played a pivotal role in interpreting the Constitution and settling disputes over state powers. Landmark cases such as McCulloch v. Maryland and Texas v. White have affirmed the federal government's ultimate authority in matters of constitutional interpretation and national significance. The Court has also clarified that Congress may not "commandeer" a state's legislative processes by directly compelling it to enact and enforce a federal regulatory program. This principle was upheld in the case of Hodel v. Virginia Surface Mining & Reclamation Assn., Inc. (1981), where the Court found that states could not be forced to enforce certain standards or participate in a federal regulatory program.
Despite the federal government's primacy, the Tenth Amendment has been invoked to protect states' rights to regulate local matters without federal interference. This concept, known as "dual federalism" or "dual sovereignty," was highlighted in the case of Printz v. United States (1997). In this case, the Supreme Court ruled that a federal law requiring state officials to conduct background checks and receive firearms dealers' reports as part of the Brady Act violated state sovereignty. The Court asserted that the Tenth Amendment established a system of dual sovereignty, preventing the federal government from mandating state officials to administer a federal regulatory scheme.
While the federal government cannot compel states to enact or enforce federal regulatory programs, states may voluntarily comply with federal laws to become eligible for federal grants. The Supreme Court has outlined standards for determining the eligibility conditions for these grants, emphasizing the pursuit of general welfare, unambiguous conditions, and alignment with federal interests in national projects. Additionally, the Necessary and Proper Clause has been invoked to justify federal regulatory authority over intrastate activities that substantially affect interstate commerce.
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The Supremacy Clause
The Supreme Court has played a crucial role in interpreting and enforcing the Supremacy Clause. In a series of early 20th-century decisions, the Court established the principle of field preemption, which asserts that federal legislation may implicitly or expressly prevent states from adopting laws on the same subject. This principle reinforces the division of federal and state powers. The Court has also recognised that federal law can preempt state law either expressly or impliedly. Express preemption occurs when federal law explicitly states its supremacy, while implied preemption occurs when that intent is inferred from the structure and purpose of the federal law.
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State laws held unconstitutional
The Supremacy Clause dictates that state laws are void if they conflict with a federal statute, treaty, or the Constitution. This is known as preemption.
United States v. Peters (1809)
A Pennsylvania statute prohibiting the enforcement of any process issued by a federal court was held to be without legal foundation, as it attempted to annul the judgment of a court of the United States.
Fletcher v. Peck (1810)
A Georgia statute annulling the conveyance of public lands authorized by a prior enactment was found to violate the Contracts Clause (Art. I, § 10) of the Constitution.
Dartmouth College v. Woodward (1819)
A New Hampshire law that altered a charter granted to a private corporation by the British Crown prior to the Revolution was held to violate the Contracts Clause (Art. I, § 10).
Farmers’ and Mechanics’ Bank v. Smith (1821)
A Pennsylvania insolvency law that purported to discharge a debtor from obligations contracted prior to its passage was found to violate the Contracts Clause (Art. I, § 10).
Bank of Commerce v. New York City (1863)
A New York law that included the value of securities of the United States in the capital of a bank subjected to taxation was held to be void, as securities of the United States are exempt from state taxation.
Strauder v. West Virginia (1880)
A West Virginia law barring individuals from jury service on the basis of race was found to violate the Equal Protection Clause.
In addition to these examples, there are numerous other instances where state laws have been held unconstitutional under the preemption doctrine, including violations of the Contracts Clause, the Constitution's prohibition on the emission of "bills of credit" by states, and the Privileges and Immunities Clause.
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The Supreme Court's role in the US government
The Supreme Court is the highest court in the US, and it plays a crucial role in the country's constitutional system of government. It is composed of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. These justices typically hold office for life, and their salaries cannot be decreased during their term. These measures are in place to protect the independence of the judiciary from political interference.
The Supreme Court is the final arbiter of whether a right is protected by the Constitution or when a Constitutional right has been violated. It has the power of judicial review, which allows it to define the scope and nature of the powers held by the legislative and executive branches of the federal government. This power enables the Court to ensure that each branch of government recognises and operates within the limits of its authority.
The Court also plays a vital role in safeguarding civil rights and liberties by striking down laws that contravene the Constitution. It ensures that popular majorities cannot pass laws that harm or unfairly disadvantage minority groups. This role was expanded after the passage of the Fourteenth Amendment in 1869, which extended the protections of the Bill of Rights to the states.
The Supreme Court's decisions have far-reaching consequences for American society. For example, in the landmark case of Tinker v. Des Moines Independent School District (1969), the Court ruled that students could not be punished for wearing black armbands to school to protest the Vietnam War, upholding their right to free expression. In another notable instance, Goldwater v. Carter (1979), the Court effectively gave the President the authority to terminate ratified treaties without seeking Congress's consent.
The Supreme Court also hears cases that involve state laws that are deemed to violate the Constitution. For instance, in Strauder v. West Virginia (1880), the Court ruled that a West Virginia law barring individuals of African descent from jury service violated the Equal Protection Clause. Similarly, in Ward v. Maryland (1871), the Court found that a Maryland law requiring non-resident traders to pay higher license fees than residents violated the Privileges and Immunities Clause.
In addition to its role in interpreting the Constitution, the Supreme Court has also addressed state sovereignty concerns. In Printz v. United States (1997), the Court held that a federal law requiring state officials to conduct background checks as part of a federal firearms program violated the principles of state sovereignty enshrined in the Tenth Amendment.
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Frequently asked questions
No. The Supremacy Clause of the Constitution of the United States establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thus take priority over any conflicting state laws.
The Supreme Court has the final say in matters involving federal law, including constitutional interpretation, and can overrule decisions by state courts. The Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
In Strauder v. West Virginia, 100 U. S. 303 (1880), a West Virginia law barring Negroes from jury service was held to violate the Equal Protection Clause. Other examples include United States v. Peters, Fletcher v. Peck, and Printz v. U.S.
