Cecily Zamora
In the United States, federal laws are made by Congress, which is the lawmaking branch of the federal government. However, the US has a system called Federalism, which means that state and federal governments can sometimes focus on different things. While federal law applies to all US citizens, state laws only apply to citizens within a particular state. In some cases, state laws can be less restrictive than federal laws, and vice versa. For example, some states have legalized medical and adult-use cannabis, despite it being classified as a Schedule I Drug under federal law. While federal law does not force states to keep marijuana illegal, it can incentivize them to do so by threatening to withhold funding.
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What You'll Learn
Federal law vs state law on gun control
In the United States, 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. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, or it can be proposed during their election campaign. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill then goes through a process of voting, and if it passes, it is presented to the president for approval.
On the other hand, state laws are made by each individual state's legislature, and the process can vary from state to state. In terms of gun control, each state has its own laws regarding who is allowed to own or possess firearms, and there are various state and federal permitting and background check requirements. The major difference between federal and state gun laws lies in who makes the law, who prosecutes violations, and the penalties for breaking the law.
Federal gun laws are made by Congress and enforced by federal law enforcement agencies like the Bureau of Alcohol, Tobacco, and Firearms (ATF). These laws apply across the country and set a baseline for gun control. For example, the National Firearms Act (NFA) of 1934 was the first federal legislation to enforce gun control, imposing taxes and mandating the registration of certain types of weapons. The Gun Control Act of 1968 prohibited certain classes of people, such as convicted felons, from buying, owning, or possessing firearms.
State gun laws, on the other hand, are made by individual state legislatures and enforced by local law enforcement agencies. These laws can be more restrictive than federal laws but cannot override federal laws. For instance, a state may have stricter background check requirements or prohibit certain types of weapons that are allowed under federal law. If an individual violates both state and federal gun laws, they can be prosecuted in both state and federal courts.
It is important to understand both federal and state gun laws to ensure compliance and safety. While the Second Amendment protects the right to bear arms, there are regulations in place at both the federal and state levels to control gun ownership and usage. The interplay between federal and state gun laws can be complex, and it is advisable to refer to specific state and federal statutes for detailed information.
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Federal law vs state law on cannabis
In the United States, Congress is the law-making branch of the federal government. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, or it can be proposed by people or citizen groups through a petition to a member of Congress. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill then goes before the chamber for a vote. If it passes in one body of Congress, it goes through the same process in the other body. Once both bodies vote to accept a bill, they must work out any differences between the two versions. Finally, the bill is presented to the president for approval.
While the federal government has the power to make laws, the U.S. system of government is one of dual sovereignty, and the 10th Amendment prevents Congress from forcing states to mirror or enforce federal policies. This means that states can create their own laws, even if they conflict with federal laws, as long as they do not require someone to violate federal law.
This dynamic has created a complex interplay between federal and state laws regarding cannabis. While cannabis is illegal under federal law and classified as a Schedule I substance with a high potential for dependency and no recognized medical use, many states have moved towards embracing its use for medical and recreational purposes. As of 2022, thirty-seven states, the District of Columbia, and four U.S. territories allowed the use of medical marijuana, and eighteen states, two territories, and the District of Columbia had enacted laws permitting the recreational use of marijuana. This has made it difficult for business lawyers to advise clients in the cannabis industry, as they must navigate the conflicting federal and state laws, including their impact on banking rules and regulations.
Despite the majority of states allowing some form of cannabis use, the federal legalization structure is lacking. However, the Department of Justice has not targeted state-legal marijuana providers in over a decade, and polls show that most Americans do not want the federal government to interfere with state-legal marijuana businesses. While federal law creates challenges and injustices, it does not prevent states from legalizing cannabis for adult or medical use, and states' actions have dramatically reduced the number of people arrested for cannabis-related offenses.
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Federal law vs state law on alcohol
In the United States, the Twenty-first Amendment to the United States Constitution grants each state and territory the power to regulate intoxicating liquors within their jurisdiction. This means that laws relating to the production, sale, distribution, and consumption of alcohol vary across the country.
The National Minimum Drinking Age Act, enacted on July 17, 1984, requires all states to set their minimum drinking age to 21 or lose a portion of their federal highway funding. All 50 states and the District of Columbia complied by mid-1988, with some grandfather clauses and exceptions. For example, some states allow those under 21 to drink for religious or private purposes, and others permit it in public if accompanied by a guardian or spouse over 21.
While the Act sets the minimum drinking age at 21, it does not restrict the minimum age to possess alcohol in private. Additionally, it does not apply to US territories like Puerto Rico and the US Virgin Islands, where the minimum drinking age is 18. Military bases are also exempt from state and local alcohol laws, with the installation commander free to set the drinking age.
Beyond drinking age regulations, states have the authority to restrict or prohibit the manufacture of alcoholic beverages such as beer, mead, and wine, including at home. Homebrewing became legal across all 50 states in 2013, with most states allowing up to 100 US gallons per adult per year. However, homebrewers are prohibited from selling their beer due to federal excise taxes on alcohol.
While states have significant autonomy over alcohol regulations, federal law can still influence state policies. The Commerce Clause and the taxing power granted to Congress under Article 1 of the Constitution allow the federal government to regulate and tax alcoholic beverages. Additionally, federal law supersedes state law on federal lands, public lands, and military bases. In cases where state law conflicts with other Constitutional provisions or falls outside the scope of the 21st Amendment, federal preemption may come into play.
Congress is the lawmaking branch of the federal government, and laws can originate in the House of Representatives or the Senate.
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How federal laws are made
In the United States, 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. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives, be proposed during their election campaign, or be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once a bill is introduced, it is assigned to a committee that researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If the bill passes one body of Congress, it goes through a similar process in the other body, including research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any discrepancies between the two versions.
After a bill passes both chambers of Congress, it is presented to the president for consideration. The president can approve the bill and sign it into law or refuse to approve it, which is called a veto. If the president vetoes a bill, Congress can usually vote to override the veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill is vetoed by default, known as a pocket veto, which cannot be overridden by Congress.
While Congress has the power to make federal laws, there are some limitations on its ability to enforce them at the state level. The system of federalism in the U.S. allows for state and federal governments to focus on different things. State laws apply only to citizens within a particular state, while federal laws apply to all U.S. citizens. In some cases, state laws can be less restrictive than federal laws, and state and local police departments are not legally obligated to enforce federal laws.
However, the federal government can indirectly influence state laws and their enforcement. Federal laws override state laws, and while the federal government cannot directly force states to enforce federal laws, it can do so indirectly by tying it to funding. For example, in 1984, the federal government passed the National Minimum Drinking Age Act, which required states to raise the drinking age to 21 to receive federal funds for highways. While states could choose to keep the drinking age at 18, they would not have access to highway funding.
Additionally, there are areas where only specific branches of Congress can create laws. For example, only the House can initiate tax and revenue-related legislation, and only the Senate can draft legislation related to presidential nominations and treaties.
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How state laws are made
In the United States, Congress is the lawmaking branch of the federal government. A bill is a proposal for a new law or a change to an existing law. The idea for a bill can come from a sitting member of the U.S. Senate or House of Representatives or be proposed during their election campaign. Bills can also be petitioned by people or citizen groups who recommend a new or amended law to a member of Congress that represents them. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill. The bill is then put before that chamber to be voted on. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting. Once both bodies vote to accept a bill, they must work out any differences between the two versions.
Then both chambers vote on the same version of the bill. If it passes, they present it to the president. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. This is called a veto. If the president chooses to veto a bill, in most cases, Congress can vote to override that veto, and the bill becomes a law. However, if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This action is called a pocket veto, and it cannot be overridden by Congress.
The process of how a bill becomes a law differs in the U.S. House of Representatives and the U.S. Senate. While both are equal in how they function, only the House can initiate tax and revenue-related legislation. And only the Senate can draft legislation related to presidential nominations and treaties. While the House processes legislation through a majority vote, the Senate does so through deliberation and debate before voting.
In New York, the process of making a state law is similar to the federal process. Bill drafting is usually carried out by the staff of New York State's Legislative Bill Drafting Commission. Sometimes, an interest group may have its own attorneys draft a bill, and lawyers working in state agencies and the executive branch often submit their ideas for legislation in bill form. The first step in the committee process is to introduce a bill into a committee. Bills are generally only introduced by legislators or by standing committees of the Senate and Assembly. The only exception is the Executive Budget, which is submitted directly by the Governor. On introduction in the Senate, a bill goes to the Introduction and Revision Office, is given a number, and is sent to the appropriate standing committee. Members of Standing Committees evaluate bills and decide whether to "report" them (send them) to the Senate floor for a final decision.
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Frequently asked questions
No, states cannot pass federal laws. While state laws only apply to citizens within a particular state, federal law applies to all U.S. citizens.
Not directly. The federal government can pass federal laws if they can come up with a Constitutional basis for them. While they can't force a state to pass a state law, they can do it indirectly by tying it to funding.
Yes, in some cases. For example, in 1996, California voters decided to create an exception to their state marijuana possession law for residents who met certain medical requirements. While the federal government still considered possession by those individuals illegal, California wasn’t required to keep possession illegal.
Yes, some states have state preemption for some or all gun laws, which means that only the state can legally regulate firearms. In other states, local governments can pass their own gun laws that are more restrictive than those of the state.
