Cameron Miranda
The United States Constitution specifies that state legislators and executives are bound by oath to support it. However, the interpretation of this statement has been a subject of debate, with some arguing that states have a legitimate right to defy Supreme Court rulings when they are deemed to overstep constitutional authority. This has played out in several cases, including state laws on gun control, taxation, and business regulations, where state sovereignty has been pitted against federal regulatory power. The question of whether states can pass laws that infringe on constitutional rights remains a complex and evolving legal debate.
| Characteristics | Values |
|---|---|
| State laws deemed unconstitutional | - United States v. Peters (1809): A Pennsylvania statute prohibiting the execution of any process issued to enforce a federal court sentence was held to be unconstitutional |
| - Pierce v. Carskadon (1873): A West Virginia Act depriving defendants of the right to a rehearing on a judgment obtained under an earlier law was deemed an invalid bill of attainder and ex post facto law | |
| - Humphrey v. Pegues (1873): South Carolina taxing laws, as applied to a railroad with a tax exemption, impaired the obligation of contract | |
| - Philadelphia Steamship Co. v. Pennsylvania (1887): A Pennsylvania gross receipts tax on public utilities conflicted with exclusive federal power to regulate interstate commerce | |
| - Iowa law: Conditioning the admission of a foreign corporation to do local business on surrendering its right to invoke federal court jurisdiction was deemed an invalid forfeiture of a constitutional right | |
| - Kansas law: Imposing requirements on foreign corporations engaged in interstate commerce as a prerequisite to doing business in Kansas was deemed unconstitutional | |
| - Arkansas statute: Imposing a license and fee requirement on representatives of a Missouri corporation soliciting orders for the sale and delivery of stoves imposed an invalid burden on interstate commerce | |
| - United States v. Lopez (1995): The Supreme Court affirmed the power of states to enact local gun control regulations without federal interference | |
| - New York State Rifle & Pistol Ass'n v. Bruen (2022): The Supreme Court invalidated a New York law requiring individuals to demonstrate "proper cause" to obtain a license to carry a concealed handgun, interfering with states' ability to enforce gun control regulations | |
| State sovereignty | - Printz v. U.S. (1997): The Supreme Court held that a federal law requiring state officials to conduct background checks as part of a federal program violated constitutional principles of state sovereignty |
| Duty to uphold the Constitution | - Article VI of the Constitution specifies that state officials are bound to support the U.S. Constitution |
| - Cooper v. Aaron (1958): The Supreme Court interpreted Article VI as requiring state officials to enforce the Constitution as interpreted by the Supreme Court | |
| - James Madison, a key figure in the Constitution's architecture, argued that states have the right to resist judicial decisions by federal courts when they act beyond the scope of their constitutional authority | |
| Deprivation of rights | - Section 242 of Title 18, U.S. Code, criminalizes the willful deprivation of any individual's constitutional rights or privileges by a person acting under the color of any law, including federal, state, or local officials |
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What You'll Learn
State sovereignty and refusal to enforce federal regulations
The United States Constitution establishes a system of dual sovereignty, with the Tenth Amendment, the Enumerated Powers Clause, and other provisions. This means that states have the right to refuse to enforce federal regulations if they believe that doing so would violate their constitutional rights.
The Supreme Court has upheld this principle in several cases, including Printz v. United States (1997), where the Court held that a federal law requiring state officials to conduct background checks as part of a federal program violated state sovereignty. Similarly, in New York v. United States (1992), the Court reaffirmed that the federal government may not enact a regulatory program that "commandeers" a state's legislative and administrative mechanisms to enforce federal law.
In Hodel v. Virginia Surface Mining & Reclamation Assn. (1981), the Court upheld the Surface Mining Control and Reclamation Act of 1977 because it did not "commandeer" states into regulating mining. The Court emphasized that states were not compelled to enforce steep-slope standards, expand state funds, or participate in the federal program. The following year, in FERC v. Mississippi (1982), the Court again upheld the principle of state sovereignty by concluding that the Public Utility Regulatory Policies Act of 1978 did not directly compel states to enact a legislative program, but rather required only consideration of federal standards.
While states may refuse to enforce federal regulations, they cannot nullify federal law or forbid its enforcement by the federal government. Nullification occurs when a state unilaterally refuses to enforce or prevent the enforcement of a federal law, declaring it unconstitutional. In the case of Georgia's laws regulating Cherokee land, the Supreme Court rejected the state's nullification attempt, asserting final authority to interpret the Constitution and federal treaties.
In summary, state sovereignty allows states to refuse to enforce federal regulations that they deem to be in violation of their constitutional rights. However, states must be careful not to cross the line into nullification, which is an explicit refusal to uphold federal law.
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State laws conflicting with federal statutes
The Supremacy Clause, outlined in Article VI of the US Constitution, establishes that federal laws and treaties made under the authority of the Constitution are the "supreme Law of the Land", and therefore take precedence over any conflicting state laws. This means that federal laws will always prevail over state laws, even if a state law enforces more responsibility on its citizens than federal law.
The Supremacy Clause ensures that the United States remains united, preventing states from having differing laws that could cause confusion and unfairness. This clause has been invoked in several cases where state laws conflicted with federal statutes. For example, in Villas at Parkside Partners v. City of Farmers Branch, the Court ruled that an ordinance requiring individuals seeking to reside in rented properties to obtain a license first conflicted with pre-existing federal law. In another case, United States v. Peters (1809), a Pennsylvania statute that prohibited the execution of any process issued to enforce a federal court sentence on the ground of lack of jurisdiction was deemed unconstitutional.
State laws that infringe on constitutional rights are considered void and without legal foundation. For instance, in Pierce v. Carskadon (1873), a West Virginia Act that deprived defendants of the right to a rehearing on a judgment obtained under a previous law was deemed an invalid ex post facto law. Similarly, in Humphrey v. Pegues (1873), South Carolina's taxing laws, when applied to a railroad charter that included a tax exemption, impaired the obligation of the contract.
While federal law takes precedence, states do have the authority to strengthen certain protections, such as environmental rules and civil rights laws, as long as they do not contradict federal regulations. For example, states can impose more stringent standards on prescription drug labels than the federal minimum standards. However, if a state law specifically permits an act that federal law forbids, the federal law will override the state law. This was demonstrated in the legalization of recreational marijuana in some states, despite it remaining illegal under federal law.
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State gun control laws
State firearms laws can be less restrictive than federal laws, but they do not provide legal immunity from prosecution for violating federal laws. The US Supreme Court's ruling in Printz v. United States affirmed that state and local police are not obligated to enforce federal gun laws. Some states require a license or permit to purchase or possess firearms, while others mandate the registration of firearms with law enforcement agencies. Connecticut, Delaware, the District of Columbia, Hawaii, Maryland, Massachusetts, New Jersey, New York (handguns only), and Oregon require fingerprinting for all firearms buyers.
Certain states, like Florida, have constitutional provisions that explicitly uphold the right to keep and bear arms for self-defence, family, home, state, hunting, and recreational use. These provisions also address the regulation of carrying concealed weapons, minimum sentences for crimes involving firearms, and penalties for convicted felons possessing firearms. Some states have enacted "red flag" laws, allowing judges to issue orders to confiscate firearms from individuals posing an imminent threat. Additionally, states may have preemption for some or all gun laws, giving them exclusive authority to regulate firearms within their jurisdiction.
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State duty to protect citizens' health and safety
The US Constitution grants states inherent "police power" to protect public health and safety. This power is broad, and state and local governments are generally tasked with protecting public safety, public health, and the general well-being of residents. These responsibilities are known as state "police powers".
State legislatures can create laws to promote public safety, and the Supreme Court has upheld that these powers include the ability to preserve historic landmarks and enhance the quality of life. For example, in Munn v. Illinois (1877), the Court held that states could regulate the use of private property when necessary for the public good. Justice Field, in his dissent, argued that the state's duty to protect the "peace, good order, morals, and health of the community" was broad enough to encompass this.
However, the Fourteenth Amendment's due process clause limits how much a state can impact a person's life, liberty, or property. Public health regulations cannot violate a person's constitutional rights. Governors, for instance, can order quarantines, direct people to stay at home, and impose curfews in the name of public health, but these actions must respect citizens' rights.
The areas of public health responsibility include:
- Assuring an adequate local public health infrastructure
- Promoting healthy communities and healthy behaviors
- Preventing the spread of communicable diseases
- Protecting against environmental health hazards
- Preparing for and responding to emergencies
- Assuring health services
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State defiance of the Supreme Court
In the United States, state governments have a constitutional and ethical duty to protect the health and safety of their citizens. However, this duty can come into conflict with the decisions of the Supreme Court, leading to instances of state defiance of the Court. One notable example of this is the Supreme Court's decision in New York State Rifle & Pistol Ass'n v. Bruen, which interfered with state governments' ability to enforce sensible gun control regulations. The Court's ruling invalidated a New York law that required individuals to demonstrate "proper cause" to obtain a license to carry a concealed handgun in public. While Bruen technically only applied to New York, it also appeared to invalidate similar laws in several other states, including California, Delaware, and Maryland.
In response to the Bruen decision, some have argued that state legislatures and attorneys general should defy the Court's ruling. This argument is based on the belief that the states' duty to protect their citizens' lives takes precedence over their duty to follow the Supreme Court's interpretations of the Constitution. This contention stems from Madison's view that state governments have the right to resist judicial decisions by federal courts when those courts act beyond the scope of their constitutional authority. In the case of Bruen, it is argued that the Court violated the Constitution by exceeding its powers.
Instances of state defiance of the Supreme Court are not without precedent. In United States v. Peters (1809), a Pennsylvania statute conflicted with a federal court's jurisdiction, and the Supreme Court held that a state statute could not annul the judgment of a federal court. Similarly, in Pierce v. Carskadon (1873), a West Virginia Act deprived defendants of the right to a rehearing on a judgment obtained under an earlier law, which the Court held to be an invalid bill of attainder and ex post facto law.
While states may challenge the decisions of the Supreme Court, it is important to note that state or local laws held to be preempted by federal law are typically void due to conflict with a federal statute or treaty, as per the Supremacy Clause. This was demonstrated in Philadelphia Steamship Co. v. Pennsylvania (1887), where a Pennsylvania gross receipts tax on public utilities conflicted with the federal power to regulate interstate commerce.
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Frequently asked questions
No, state laws that infringe on constitutional rights are void. However, states have a constitutional and ethical duty to protect the health and safety of their citizens.
Yes, federal laws can infringe on constitutional rights. For example, in Printz v. U.S. (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.
Yes, states can refuse to enforce federal laws that infringe on constitutional rights. In United States v. Lopez (1995), the Supreme Court said that the Tenth Amendment bars federal interference with state gun control laws.
Yes, states can pass laws that are similar to federal laws that infringe on constitutional rights. However, if the state law conflicts with a federal statute or treaty, it is void under the Supremacy Clause.
