Kara Sears
The relationship between the federal government and state governments is a fundamental aspect of the US Constitution and has been a topic of debate for many years. The federal government can supersede state law in certain instances, such as in the case of federal income tax, where federal law requires citizens to pay regardless of state tax systems. However, states do retain some autonomy, as they can choose not to criminalize certain behaviours that are considered federal crimes, such as drug possession. The US Supreme Court has also limited the authority of Congress to directly regulate the operations of state governments, known as the anti-commandeering doctrine. This complex dynamic between federal and state governments continues to be a subject of discussion and legal interpretation.
| Characteristics | Values |
|---|---|
| Supremacy | The federal government is supreme over the states |
| Federalism | States can delegate some of their powers to the federal government |
| Anti-commandeering doctrine | The US Supreme Court has limited the authority of Congress to directly regulate the operations of state governments |
| State laws | States cannot nullify federal laws |
| State taxes | States cannot exempt people from paying federal income taxes |
| State court decisions | Federal courts can overturn state court decisions |
| State funding | The federal government can withhold state funding to encourage states to adopt federal laws |
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What You'll Learn
The Supremacy Clause
The clause has been pivotal in shaping the relationship between the states and the federal government. It grants the US Supreme Court the authority to reverse decisions made by state supreme courts and interpret the Constitution, federal law, and treaties. This power has been utilised by the Court to establish a robust role for the federal government in managing national affairs.
However, the interpretation and application of the Supremacy Clause have been subject to debate and disagreement. While some argue for broader federal supremacy, others contend that federal supremacy is limited to instances explicitly noted in the Constitution. The Supreme Court has recognised several types of preemption, including express and implied preemption, to address conflicts between federal and state laws. Despite the Supremacy Clause's clear assertion of federal supremacy, the ongoing debates and legal complexities surrounding its scope and application highlight the dynamic nature of federal-state relations in the US constitutional framework.
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The anti-commandeering doctrine
Despite criticism and calls for its abandonment, the anti-commandeering doctrine remains a significant aspect of US constitutional law, reinforcing the principles of federalism and limiting the power of the federal government over the states. It reflects the tension between nationalist and federalist visions of the US Constitution, with the former emphasising a strong national government and the latter advocating for states' rights and limited federal power.
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Federal courts overturning state court decisions
The legal system in the United States is complex, with many areas regulated by both state and federal governments. The same goes for the courts. Article III of the U.S. Constitution gives jurisdiction in certain types of cases solely to federal courts.
The U.S. Supreme Court has the power to reverse the decisions of state supreme courts in appropriate cases, and state courts must accept the U.S. Supreme Court's interpretations of the Constitution and federal law. The Supremacy Clause gives the federal government supremacy over the states within the scope of its powers. However, there is disagreement over what exactly constitutes the scope of those powers and when federal authority should override state law.
The Erie doctrine, an established principle of federalism, dictates that federal courts, when sitting in diversity jurisdiction, must follow state law as articulated by state courts. If there is no controlling state court precedent, the federal court may "guess" how the state supreme court would rule, but for important issues, it is preferable to certify the question to the state supreme court. Under no circumstances may a federal court second-guess a state supreme court's determination of state law.
A state court decision can be challenged in federal court if a federal basis for the challenge can be given. For example, in Bush v. Gore, the Florida Supreme Court's order of a recount was challenged in federal court on the basis that it violated the Equal Protection clause of the federal constitution.
The abstention doctrine instructs federal courts to abstain from exercising jurisdiction if the applicable state law is unclear, and a state court's interpretation of the state law might make resolving a federal constitutional issue unnecessary. Abstention is not proper if the relevant state law is settled or if the state statute or action challenged is unconstitutional.
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Federal funding as a bargaining chip
The relationship between the states and the federal government is one of the most fundamental and contested fault lines of constitutional theory in the US. While the federal government does not have the power to directly modify state law, it does have the power to regulate foreign and interstate commerce, declare war, impose and collect taxes, and spend the money collected from taxation to "provide for the ... general Welfare of the United States." This "spending power" has been used as a bargaining chip to influence state laws.
An example of this is the January 2017 executive order issued by President Trump, which intended to encourage state and local cooperation with federal immigration enforcement by withholding federal grants from nonfederal entities that had adopted "sanctuary" policies. This order raised questions about the federal government's power to condition funding on recipients taking or refraining from certain actions, and several jurisdictions affected by the order filed suit against the President and his senior officials, challenging the order's constitutionality.
The Supreme Court has limited the authority of Congress to directly regulate the operations of state governments through the anti-commandeering doctrine, articulated in cases like New York v. United States (1992). However, the Court has also ruled that state courts must accept its interpretations of the Constitution and federal law, and that states cannot nullify federal laws. This dynamic between the federal government and the states, often referred to as federalism, highlights the complex and evolving nature of the US constitutional system.
While the federal government cannot directly abolish state laws, it can use its "spending power" to incentivize states to adopt certain policies or risk losing federal funding. This dynamic between the federal and state governments has been a recurring topic of litigation and congressional interest, with the Supreme Court articulating limitations on the federal government's authority to distribute funds contingently.
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State lawsuits against the federal government
The relationship between the federal government and the states is one of the most fundamental and contested fault lines of constitutional theory in the US. While the federal government is supreme over the states within the scope of its powers, the exact scope of those powers is often unclear and a source of tension.
The US Supreme Court has the power to reverse the decisions of state supreme courts and state courts must accept these interpretations. It is settled that states cannot nullify federal laws, but the Supreme Court is divided over the limits on Congress's legislative powers and the extent to which states can claim sovereign immunity to federal law. This is known as the anti-commandeering doctrine, which holds that Congress cannot directly regulate the operations of state governments.
There have been several notable multistate lawsuits filed against the federal government during President Joe Biden's administration. For example, 21 states, led by Texas and Montana, filed a lawsuit against Biden, arguing that a permit revocation was a regulation of interstate and international commerce and, therefore, subject to congressional, not executive authority. In another case, 12 states, led by Missouri Attorney General Eric Schmitt, filed a lawsuit arguing that the executive branch had assumed legislative power in attempting to define the social costs of greenhouse gases.
State lawsuits have also been filed against the federal government regarding privacy and surveillance. In 2025, a lawsuit was filed against the US Office of Personnel Management (OPM) and Elon Musk's "Department of Government Efficiency" (DOGE) for disclosing the highly sensitive personal information of tens of millions of federal employees, retirees, and job applicants, in violation of the federal Privacy Act of 1974.
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