Keith Mack
In the United States, federal laws are generally applicable across all states. However, the US Constitution grants states the power to create, implement, and enforce their own laws in addition to federal laws. This is because each state is a sovereign entity with unique characteristics and needs. While the federal government may want states to adopt certain laws, it cannot force them to do so. For example, the federal government classifies marijuana as a Schedule I drug, but many states have legalized medical and adult-use cannabis, creating a conflict between state and federal laws. This conflict is addressed by the Supremacy Clause of the US Constitution, which states that federal law is supreme, and courts in every state must follow it. However, if a state law provides more protections for residents than federal law, the state law will be enforced.
| Characteristics | Values |
|---|---|
| States are not compelled to enforce federal laws | The Court upheld the Surface Mining Control and Reclamation Act of 1977 because it did not "commandeer" states into regulating mining |
| In Printz v. U.S., the Supreme Court held that a federal law requiring state officials to receive firearms dealers' reports violated constitutional principles of state sovereignty | |
| In New York v. U.S., the Supreme Court held that a federal law requiring states to accept ownership of radioactive waste or regulate its disposal was outside Congress' powers and inconsistent with the Tenth Amendment | |
| States can create, implement, and enforce their own laws in addition to federal laws | Every state in the US is a sovereign entity and is granted the power to create and regulate laws according to their needs |
| States reserve the right to organize in any way, and their structures vary greatly with regard to executive structure | |
| All 50 states have legislatures made up of elected representatives who create legislation that becomes law | |
| States can legalize certain activities that are prohibited by federal law | State laws only apply to citizens within a particular state, while federal law applies to all US citizens |
| The Supremacy Clause of the US Constitution provides that federal law is the supreme law of the land, and state courts must follow federal law | |
| A federal court may require a state to refrain from enforcing a law if it conflicts with federal law | If there is no conflicting federal law, a court should enforce the state law |
| If a state law provides more protections than federal law, the state law will stand and be enforced | |
| State laws are superior to local laws | Local governments generally include two tiers: counties and municipalities |
| States can legalize marijuana for medical or adult-use despite federal prohibition |
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What You'll Learn
State sovereignty and refusal to enforce federal regulations
In the United States, the laws of the nation are binding on the citizens and courts of the states. However, the Supreme Court has long held that Congress may not commandeer a state's legislative processes by directly compelling it to enact and enforce a federal regulatory program. This is based on the constitutional division of authority between the federal government and the states.
The concept of state sovereignty and refusal to enforce federal regulations has been tested in several court cases. In Hodel v. Virginia Surface Mining & Reclamation Assn. (1981), the Supreme Court upheld the Surface Mining Control and Reclamation Act of 1977 because it did not "commandeer" states into regulating mining. The Court found that states were not compelled to enforce steep-slope standards, expand state funds, or participate in the federal regulatory program. 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.
In Printz v. United States (1997), the Supreme Court held that a federal law requiring state officials to receive firearms dealers' reports and conduct background checks as part of a federal program violated constitutional principles of state sovereignty. The Brady Act, which established a five-day federal waiting period for handgun purchases and mandated the setup of a national computer system to check buyers' backgrounds, was deemed unconstitutional.
In New York v. United States (1992), the Supreme Court ruled that a federal law requiring states to accept ownership of radioactive waste or regulate its disposal according to Congress' instructions was outside Congress' enumerated powers and inconsistent with the Tenth Amendment. The Court emphasized that federal law requires only the consideration of federal standards, and states are not compelled to enact a legislative program.
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Marijuana laws contradicting federal enforcement
Marijuana laws in the United States have been a subject of debate and legal conflict for several years. While the federal government continues to enforce marijuana prohibition, state governments have taken their own approaches to regulating cannabis, resulting in a complex legal landscape.
Dual Sovereignty and the Tenth Amendment
The US system of government is one of dual sovereignty, where both the federal government and the states have their own spheres of authority. The Tenth Amendment to the US Constitution reserves powers to the states that are not delegated to the federal government. This amendment has been central to legal challenges against federal enforcement of marijuana laws in states that have legalized or decriminalized the substance.
Federal Marijuana Laws
Marijuana possession and distribution are federal crimes under the Controlled Substances Act (CSA). The federal government's position on marijuana has remained largely unchanged since the early 1970s. The Drug Enforcement Agency (DEA) enforces criminal law related to marijuana at the federal level.
State Marijuana Laws and Non-Enforcement
Despite federal prohibition, many states have reformed their cannabis laws, legalizing or decriminalizing marijuana for adult or medical use. At least 41 states have legalized the possession, manufacture, and sale of at least some cannabis products that remain federally illegal. This has created a situation where millions of Americans have access to marijuana products in their states despite federal law.
The federal government has generally followed a non-enforcement policy, allowing states to implement their own marijuana laws without interference. For example, the Rohrabacher-Farr amendment, included in several spending bills since 2014, prohibits the Justice Department from spending funds to interfere with the implementation of state medical cannabis laws.
Legal Challenges and the Anti-Commandeering Rule
However, conflicts between state and federal marijuana laws have led to legal challenges. The Tenth Amendment's "anti-commandeering rule" prohibits the federal government from requiring state agents to enforce federal marijuana laws. In Printz v. US (1997), the Supreme Court held that a federal law requiring state officials to receive and act on firearms dealers' reports violated the constitutional principles of state sovereignty. Similarly, in 2018, the Supreme Court overturned a federal law prohibiting states from authorizing sports gambling, citing the anti-commandeering rule.
The contradiction between federal and state marijuana laws has resulted in a complex legal situation. While the federal government has the authority to enforce marijuana prohibition, states have exercised their sovereignty to legalize or decriminalize marijuana, and the Tenth Amendment prohibits the federal government from compelling states to enforce federal marijuana laws. This has led to a patchwork of varying laws and enforcement practices across the country, creating challenges for citizens, businesses, and law enforcement agencies. A change in federal law, such as the proposed Marijuana Opportunity, Reinvestment, and Expungement (MORE) Act, which passed the House in 2020 but did not advance in the Senate, could resolve this contradiction and end the federal prohibition of cannabis.
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State and local governments
State governments are structured similarly to the federal government, with three branches: executive, legislative, and judicial. The executive branch is led by a directly elected governor, and the other leaders in this branch are also typically elected, including the lieutenant governor, attorney general, and secretary of state. The legislative branch, consisting of a bicameral legislature (except for Nebraska, which has a unicameral legislature), is responsible for creating state laws, approving the state budget, and initiating tax legislation. The judicial branch is headed by the state supreme court, which hears appeals from lower-level state courts.
Local governments, on the other hand, are generally structured into two tiers: counties (or boroughs/parishes in some states) and municipalities (cities/towns). They handle more day-to-day matters that directly impact residents, such as police departments, libraries, and schools. Local governments derive their authority from state constitutions and are subject to state laws. If a state law conflicts with federal law, a federal court may require the state to refrain from enforcing its law. However, if the state law provides more protections for its residents, it will take precedence over the federal law.
While states have broad powers to create their own laws, there are instances where they may refuse to enforce federal regulations. The Supreme Court has upheld state sovereignty in cases where a federal law attempts to commandeer states into regulating certain areas or accepting ownership of waste. For example, in the case of New York v. U.S. (1992), the Court ruled that a federal law requiring states to regulate the disposal of radioactive waste was outside Congress's enumerated powers and inconsistent with the Tenth Amendment.
In practice, there is also an interesting dynamic between state and federal laws regarding marijuana. While marijuana is classified as a Schedule I drug under federal law, several states have legalized medical and adult-use cannabis. The Department of Justice has advised federal prosecutors to focus on specific marijuana-related priorities, such as revenue funding gangs or transport across state lines, rather than broadly enforcing federal marijuana laws in states that have legalized it. This stalemate highlights the complex interplay between state and federal laws, where states can sometimes act in contradiction to federal regulations without immediate repercussions.
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State constitutions
The Tenth Amendment to the United States Constitution, part of the Bill of Rights, states that "The 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." This indicates that states retained the power to adopt their own constitutions when the U.S. Constitution was adopted. The Guarantee Clause of Article 4 further reinforces this by guaranteeing each state a Republican form of government.
The territories of the United States, such as Puerto Rico and the Northern Mariana Islands, do not have organic acts but operate under their own local constitutions.
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State judicial branches
The US Constitution establishes the judicial branch as one of the three distinct branches of the federal government. The judicial branch operates within a constitutional system of "checks and balances", where each branch is formally separate but must often cooperate with the others. While federal laws are passed by Congress and signed by the President, the judicial branch has the authority to decide the constitutionality of these laws and resolve cases involving them.
The federal court system has three main levels: district courts, circuit courts, and the Supreme Court of the United States. District courts are the trial courts, where cases arising under federal statutes, the Constitution, or treaties are heard. Circuit courts are the first level of appeal, and there are 13 of them across the country. The Supreme Court is the highest court in the US and the final level of appeal in the federal system. It decides appeals on cases brought in federal court or state court when dealing with federal law.
The US Constitution creates a federal system in which power is shared between the federal government and state governments, and both have their own court systems. The jurisdiction of state courts sometimes overlaps with federal courts, and plaintiffs can choose which court to file in. However, if the plaintiff chooses a state court, the defendant may sometimes choose to "remove" the case to a federal court. Cases entirely based on state law may be brought in federal court under "diversity jurisdiction", where the plaintiff and defendant are located in different states.
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Frequently asked questions
Yes, states can refuse to implement federal laws. The Tenth Amendment to the U.S. Constitution reserves all powers not granted to the federal government for the states and the people.
Yes, states can create, implement, and enforce their own laws in addition to federal laws. This is because every state in the United States is a sovereign entity with the power to create and regulate laws according to their unique needs.
Yes, states can legalize certain activities that are prohibited by the federal government, such as the legalization of marijuana for medical and adult-use. However, this creates a situation where individuals can comply with one set of laws while violating another. The Supremacy Clause of the US Constitution, or the doctrine of preemption, addresses the conflict between state and federal laws, stating that federal law is supreme.
Yes, states are not compelled to enforce federal laws they disagree with. For example, in Hodel v. Virginia Surface Mining & Reclamation Association, the Court upheld the Surface Mining Control and Reclamation Act of 1977 because it did not "commandeer" states into regulating mining.
While the federal government can encourage or incentivize states to implement certain laws, it cannot force states to do so. The Supreme Court has held that requiring states to implement legislation enacted by Congress violates constitutional principles of state sovereignty.
