Kara Sears
The United States operates under a system of federalism, where 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 general, federal law takes precedence over conflicting state laws, and the federal government can enforce treaties, create a central bank, and enact legislation without interference from the states. However, there are instances where states can legalize certain activities, such as the use of marijuana, even when the federal government prohibits it. This has led to situations where a person can act in compliance with one set of marijuana laws while violating another. State firearms laws can also be less restrictive than federal laws, and state and local police departments are not legally obligated to enforce federal gun laws.
Can stats pass federal laws?
| Characteristics | Values |
|---|---|
| Who can propose a bill? | A sitting member of the U.S. Senate or House of Representatives, during their election campaign, or by people or citizen groups who recommend a new or amended law to a member of Congress |
| Who passes federal laws? | Congress, which consists of the House of Representatives and the Senate |
| Can the President pass federal laws? | The President can approve a bill and sign it into law, or they can refuse to approve it (veto). If Congress votes to override the veto, the bill becomes a law. |
| Can stats pass federal laws? | No, only Congress can pass federal laws. However, states can pass their own laws that conflict with federal laws, and in some cases, state laws can be less restrictive than federal laws. |
| Examples of state laws conflicting with federal laws | State marijuana laws, gun laws, and raw milk sales |
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What You'll Learn
Congress is the federal law-making branch
Once a bill is introduced, it is assigned to a committee, which researches, discusses, and makes changes to the bill. The committee also seeks input from relevant departments, agencies, and the Government Accountability Office. After this, the bill is put before the chamber to be voted on. If it passes one body of Congress, it goes through the same process in the other body. If the bill passes both bodies, they must work out any differences between the two versions.
The two chambers of Congress—the House and the Senate—are equal in their legislative roles and functions. However, there are some procedural differences between them. For example, only the House can initiate tax and revenue-related legislation, while only the Senate can draft legislation related to presidential nominations and treaties. The House processes legislation through a majority vote, while the Senate favours deliberation and debate prior to voting.
Once a bill passes both chambers, it is presented to the President for consideration. The President can approve the bill and sign it into law or veto it. If the President vetoes a bill, Congress can, in most cases, vote to override the veto and the bill becomes a law. However, if the President does not sign off on a bill and Congress is no longer in session, the bill will be pocket-vetoed and cannot be overridden.
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The process of a bill becoming a law
In the United States, Congress is the lawmaking branch of the federal government. The process of a bill becoming a law is as follows:
Firstly, a bill is proposed. 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 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 then has the option to approve the bill and sign it into law or refuse to approve it, which is called a veto. If the president chooses to veto a bill, 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, known as a pocket veto, which cannot be overridden by Congress.
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Federal vs. state gun laws
In the United States, Congress is the federal government's law-making branch. A bill is a proposal for a new law or a change to an existing law. It can be proposed by a sitting member of the U.S. Senate or House of Representatives or during their election campaign. Bills can also be petitioned by citizens or groups who recommend a new or amended law to a member of Congress. Once introduced, a bill is assigned to a committee, which researches, discusses, and makes changes to it. The bill is then put before the chamber to be voted on. If it passes in one body of Congress, it goes through a similar process in the other body. Once both bodies accept a bill, they must work out any differences between the two versions. Finally, both chambers vote on the same version of the bill, and if it passes, it is presented to the president for approval.
Federal and state gun laws differ in terms of who makes the law, who prosecutes violations, and the penalty for breaking the law. Local police can arrest someone for violating a state/local law and hand the case over to the state prosecutor. However, they cannot arrest someone for violating a federal law. Only federal law enforcement officers from the Bureau of Alcohol, Tobacco and Firearms (ATF) can make arrests for violating federal laws. If local police believe a federal law is being broken, they should notify the ATF or the U.S. Attorney's office in the state, which acts as the federal prosecutor. If an individual is breaking both state and federal laws, they might be prosecuted in both state and federal court.
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Marijuana legalization despite federal law
In the United States, cannabis is legal in 39 out of 50 states for medical use and 24 states for recreational use. Despite this, at the federal level, cannabis is classified as a Schedule I drug under the Controlled Substances Act, which deems it to have a high potential for abuse and no accepted medical use, prohibiting its use for any purpose. This discrepancy has created a number of challenges for consumers, regulators, law enforcement, and businesses.
The federal government's position on marijuana has largely remained unchanged since the early 1970s. Marijuana and marijuana products are illegal and subject to criminal law enforcement through the Drug Enforcement Agency (DEA). However, the DEA has initiated a review to potentially move cannabis to the less-restrictive Schedule III, which could reduce some of the challenges currently being faced.
While the federal government enforces marijuana prohibition, state governments tax and regulate cannabis production and sales. This has resulted in millions of Americans in over three dozen states accessing marijuana products despite federal law. The Rohrabacher-Farr amendment, passed in 2014, prohibits federal prosecution of individuals complying with state medical cannabis laws, further enabling state-level legalization. Additionally, the recreational use of cannabis has been legalized in 24 states, three US territories, and Washington, D.C., with seven more states having decriminalized its use.
The House of Representatives has also passed provisions of the SAFE Banking Act as part of the America COMPETES Act, marking the sixth time cannabis banking legislation has been approved by the chamber. This legislation aims to address the lack of access to banking for state-legal cannabis businesses, which creates operational challenges and risks for workers and communities.
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The Supremacy Clause
The Supreme Court has relied on the Supremacy Clause to reinforce the division of federal and state power and establish a robust role for the federal government in managing the nation's affairs. The Court has also interpreted the clause to mean that federal law can preempt state law, either expressly or impliedly. Express preemption occurs when federal law explicitly states its intent to preempt state law, while implied preemption occurs when that intent is implicit in the structure and purpose of federal law.
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Frequently asked questions
No, only Congress, the lawmaking branch of the federal government, can pass federal laws.
Yes, in some cases. The Supremacy Clause of the US Constitution states that federal law takes precedence over conflicting state laws. However, the federal government is limited in how it can make states comply. For example, some states have legalized marijuana, despite it being considered illegal at the federal level.
Yes. State laws can be more restrictive than federal laws, and state and local police departments are not legally obligated to enforce federal law. For example, some states and localities have placed additional restrictions on certain semi-automatic firearms.
Yes. State laws can be less restrictive than federal laws. For example, some states have peaceable journey laws that give additional leeway for the possession of firearms by travelers passing through.
Yes, citizens can petition for a new or amended federal law by recommending it to a member of Congress.
