Cameron Miranda
The relationship between federal and state law in the United States is complex and often contentious. While the Supremacy Clause establishes federal law as supreme, states possess a degree of autonomy and can refuse to enforce certain federal laws, particularly when they conflict with state laws or interests. This dynamic has significant implications for law enforcement, with states occasionally withholding their resources and cooperation in enforcing federal laws they disagree with. The federal government, in turn, can exert influence by withholding funding or leveraging its regulatory powers. This interplay between federal and state authorities has led to notable clashes, such as the legalisation of marijuana in certain states despite federal prohibition and the Supreme Court's rejection of Georgia's attempt to nullify federal treaties with the Cherokees. Understanding how states navigate their relationship with federal laws is crucial for comprehending the unique dynamics of the US legal system.
Can States Refuse Federal Laws?
| Characteristics | Values |
|---|---|
| Supremacy Clause | Allows state law to supplement or stand alongside federal law |
| Nullification | States can declare a federal law invalid and forbid its enforcement |
| Interposition | Introduced by the Virginia Resolutions of 1798, it asserts that states can oppose federal laws that exceed the powers granted by the Constitution |
| State Sovereignty | States cannot be compelled to use state law enforcement resources to enforce federal law |
| Federal Regulatory Purposes | States cannot be "commandeered" into the service of federal regulatory purposes |
| Federal Funding | Federal government can withhold federal funding to enforce compliance with federal laws |
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What You'll Learn
Nullification
The Kentucky Resolutions of 1799 asserted that when a federal law is unconstitutional, the remedy is "nullification" of the law by "the several states". These resolutions declared that Kentucky "will bow to the laws of the Union" but would continue "to oppose in a constitutional manner" the Alien and Sedition Acts. The Virginia Resolutions of 1798, written by Madison, did not mention nullification but introduced the idea of "interposition". Interposition is considered less extreme than nullification as it does not involve a state's unilateral decision to prevent the enforcement of federal law. In practice, nullification and interposition have often been confused and used interchangeably.
In 1832, South Carolina adopted the Ordinance of Nullification, declaring the Tariff of 1828 and the Tariff of 1832, as well as a subsequent federal act authorizing the use of force to enforce the tariffs, null and void within the state. U.S. President Andrew Jackson responded by issuing a proclamation that asserted the supremacy of the federal government and threatened to use force against South Carolina if it refused to comply with federal law.
In 1861, several states threatened or attempted nullification of various federal laws, but none of these efforts were legally upheld. The Supreme Court rejected nullification attempts in a series of decisions in the 19th century, including Ableman v. Booth, which rejected Wisconsin's attempt to nullify the Fugitive Slave Act. The Civil War ended most nullification efforts.
In the 1950s, southern states attempted to use nullification to preserve racial segregation in their schools, but these attempts failed when the Supreme Court rejected nullification in Cooper v. Aaron, explicitly holding that states may not nullify federal law.
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Supremacy Clause
The Supremacy Clause, part of Article VI of the US Constitution, establishes that federal law is the supreme law of the land. It was a response to the lack of a similar provision in the Articles of Confederation, which governed the United States from 1781 to 1789. The absence of such a clause meant that federal statutes did not bind state courts unless there was relevant state legislation.
The Supremacy Clause states:
> This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
The Supremacy Clause played a significant role in the federalism disputes of the late eighteenth and early nineteenth centuries, with the Supreme Court relying on it to establish a robust role for the federal government in managing the nation's affairs. The Court's decisions during this period reinforced the sharp division of federal and state powers, with some decisions concluding that congressional action in certain fields automatically displaced all state laws in those areas.
The Supreme Court has recognised several types of preemption in relation to the Supremacy Clause. Federal law can expressly preempt state law when it contains explicit language to that effect. Alternatively, federal law can implicitly preempt state law when such intent is implicit in its structure and purpose. One form of implied preemption is field preemption, which occurs when federal law is so pervasive that it is reasonable to infer that Congress left no room for states to supplement it, or when the federal interest is so dominant that the federal system will be assumed to preclude the enforcement of state laws on the same subject.
Despite the Supremacy Clause, states have occasionally rejected or refused to enforce federal laws. In some cases, states have passed laws or taken legal action to prevent their courts from following rulings of the US Supreme Court. While the Supremacy Clause does not function as a "binary switch", the system of federalism allows for state law to supplement or stand alongside federal law. However, it is important to distinguish this from nullification, where states declare federal law invalid or unconstitutional. The Supreme Court has consistently asserted its final authority to interpret the Constitution and federal treaties, rejecting attempts by states to nullify federal law.
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State sovereignty
The Constitution outlines specific limitations on state sovereignty. For instance, states have limited authority over the regulation of foreign imports and exports, the conduct of foreign affairs, and varying their territory without congressional permission. Additionally, the Supreme Court has ruled that states cannot burden interstate commerce. The powers of the federal government, as outlined in the Constitution, have been interpreted broadly, often overlapping with state authority.
Despite the Constitution's delineation of powers, states have, at times, challenged federal laws and Supreme Court decisions. This act of "nullification" asserts that when a federal law is deemed unconstitutional by a state, it can be nullified by that state. Notably, in 1813, the Virginia Court of Appeals refused to accept the Supreme Court's decision, citing state sovereignty and arguing that its decisions were final and not subject to appeal to the Supreme Court. However, in Martin v. Hunter's Lessee (1816), the Supreme Court rejected this view, asserting its final authority to interpret the Constitution and federal laws.
While nullification attempts largely ceased after the Civil War, they resurfaced in the 1950s as southern states attempted to preserve racial segregation in schools. In Brown v. Board of Education (1954), the Supreme Court ruled that segregated schools were unconstitutional, leading to several southern states passing nullification measures to preserve segregation.
In more recent times, states have continued to challenge federal court decisions. For example, in 2003, the Arizona Supreme Court rejected a decision of the US Supreme Court, and in 2006, Michigan voters approved a ballot initiative to prevent state courts from following a Supreme Court ruling. These instances highlight the complex dynamics between state sovereignty and federal authority in the US.
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Federal regulatory commandeering
In the United States, the federal government and individual state governments share sovereignty. The Tenth Amendment of the U.S. Constitution 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." This amendment has been interpreted by the Supreme Court to mean that the federal government may not enact regulatory programs that "commandeer" state governments into serving federal regulatory purposes. This concept is known as "federal regulatory commandeering" or "anti-commandeering."
One notable example of federal regulatory commandeering is the case of Printz v. United States in 1997. In this case, the Supreme Court struck down interim provisions of the Brady Handgun Violence Protection Act, which required state and local law enforcement officers to conduct background checks on prospective handgun purchasers. The Court found that the federal government could not "issue directives requiring the States to address particular problems" or "command the States' officers [...] to administer or enforce a federal regulatory program."
Another example is the case of New York v. United States, where the Supreme Court held that a federal waste-management law would "commandeer" state governments into serving federal regulatory purposes and was therefore inconsistent with the Constitution's division of authority between the federal and state governments.
It is important to distinguish federal regulatory commandeering from "nullification." While states may refuse to use their legislative or administrative resources to enforce federal law, nullification occurs when states declare a federal law unconstitutional or forbid its enforcement by the federal government within their borders. The Supreme Court has rejected attempts by states to nullify federal laws, asserting its final authority to interpret the Constitution and federal treaties.
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State rejection of federal court decisions
The Supremacy Clause of the US Constitution gives the federal government and federal courts the final authority to interpret and enforce the law of the land. However, this does not prevent states from rejecting federal court decisions.
In practice, states have a degree of freedom to depart from federal law. They can pass laws or issue judicial opinions that explicitly reject specific opinions issued by the US Supreme Court. For example, in 2003, the Arizona Supreme Court agreed to "reject" a decision of the US Supreme Court, because no "sound reasons justified following" it. Similarly, in 2006, Michigan voters approved a ballot initiative that sought to "freeze" the state's law to prevent state courts from following a ruling of the US Supreme Court.
The Supreme Court has indicated that states cannot be compelled to use state law enforcement resources to enforce federal law. In other words, states may refuse to use their legislative or administrative resources to enforce federal law. This is distinct from nullification, where a state declares a federal law unconstitutional or forbids its enforcement within the state.
The concept of nullification was introduced in the Kentucky Resolutions of 1799, which asserted that when a federal law is unconstitutional, it should be nullified by the states. In 1813, the Virginia Court of Appeals refused to accept a Supreme Court decision, stating that the Supreme Court did not have authority over state courts. The Supreme Court rejected this view in Martin v. Hunter's Lessee (1816), asserting its final authority to interpret the Constitution and federal treaties.
Despite the Supremacy Clause, the system of federalism in the US allows for state law to supplement or stand alongside federal law. State rejection of federal court decisions can have both practical and theoretical consequences for the influence of federal courts on state law. It provides a playbook for state decision-makers seeking to extend, supplement, or transcend the limitations of federal law.
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Frequently asked questions
While states cannot be compelled to use state law enforcement resources to enforce federal law, they do not have the power to nullify federal law.
Nullification is the act of declaring a federal law unconstitutional and therefore invalid.
No, the final power to determine the constitutionality of federal laws lies in the federal courts, not the states.
Yes, states can reject federal laws. However, this does not mean they can nullify them. States that reject federal laws exhibit a difference from federal law as an important strain of state law.
