Kara Sears
The relationship between federal and state laws in the United States is a complex one, with the federal government possessing certain powers that may exempt it from state laws. This dynamic is influenced by the Supremacy Clause of the US Constitution, which establishes federal law as the supreme Law of the Land. The Supremacy Clause also includes the doctrine of preemption, which gives federal law precedence over state law in many, but not all, cases of conflict. This has resulted in a stalemate in certain areas, such as the legalisation of cannabis in some states, where the federal government has not actively enforced its own laws, but has also stopped short of endorsing state-level legalisation. The dynamic between federal and state laws has evolved over time, with movements like nullification seeking to place state governments as a buffer between citizens and the federal government, and vice versa.
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What You'll Learn
Nullification laws
The concept of nullification is based on the idea that the states' power of nullification is inherent in the nature of the federal system. Supporters of nullification argue that before the Constitution was ratified, the states were essentially separate nations. Thus, the Constitution is viewed as a contract or "compact" among the states, where they delegated certain powers to the federal government while retaining all other powers for themselves. According to this theory, the states have the right and duty to "interpose" when the federal government enacts laws that the state considers unconstitutional.
However, courts at both the state and federal levels, including the US Supreme Court, have repeatedly rejected the theory of nullification. They have upheld that under the Supremacy Clause of the Constitution, federal law takes precedence over state law, and that the federal judiciary has the final authority to interpret the Constitution. The Supreme Court rejected nullification attempts in several cases throughout the 19th century, such as Ableman v. Booth, which prevented Wisconsin from nullifying the Fugitive Slave Act.
It is important to distinguish nullification laws from jury nullification, which is a distinct concept. Jury nullification refers to a jury's deliberate rejection of evidence or refusal to apply the law, resulting in a "'not guilty' verdict despite believing the defendant broke the law". Jury nullification is considered a discretionary act and is not legally sanctioned.
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Federal gun laws
In recent years, several states, including Kansas, have attempted to pass laws restricting federal gun regulations, arguing that certain federal gun laws violate their citizens' Second Amendment rights. These state-level efforts are known as "nullification" laws, which declare national laws unconstitutional and void within their borders. For example, Kansas passed a law, known as S.B. 102 or the "Second Amendment Protection Act", which seeks to prevent federal officials from enforcing gun laws regarding firearms, accessories, or ammunition manufactured and kept within the state.
However, the US Constitution's Supremacy Clause establishes federal law as the "supreme Law of the Land," suggesting that federal law supersedes state law in most cases of conflict. In response to Kansas' nullification law, the US Attorney General, Eric Holder, Jr., asserted that "Kansas may not prevent federal employees and officials from carrying out their official responsibilities" under the Supremacy Clause. This clash between state and federal gun laws has led to legal challenges, with the constitutionality of such state laws being contested in federal court.
The issue of federal gun laws also intersects with other areas of legislation, such as taxation and trade. For instance, while the federal government generally prohibits the sale of raw milk, some states allow it despite federal law. Similarly, the legalization of marijuana for medical and recreational use by several states directly contradicts federal laws that classify marijuana as a Schedule I drug. In these cases, the federal government has not actively enforced its laws, resulting in an awkward stalemate where federal authorities refrain from pushing back against state regulations.
Overall, the relationship between federal and state gun laws in the United States remains a dynamic and contentious issue, with ongoing legal and political debates shaping the landscape of gun legislation across the country.
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Supremacy Clause
The Supremacy Clause is a key provision in Article VI of the US Constitution. It establishes that the Constitution, federal laws made under its authority, and all treaties made by the United States are the supreme law of the land, taking precedence over any conflicting state laws. In other words, it asserts the primacy of federal law over state law. This clause was included in the Constitution to address issues with the Articles of Confederation, which lacked a similar provision, resulting in federal statutes not binding state courts without state legislation during the Confederation era.
The Supremacy Clause contains explicit references to "judicial review," the concept that even duly enacted statutes do not serve as rules of decision for courts if they are deemed unconstitutional. It also establishes the Constitution as a "Law" that courts apply and binds judges in every state, regardless of contrary state laws. This clause also sets a principle regarding treaties, breaking from traditional British rule. Under the Supremacy Clause, treaties can directly establish rules of decision for American courts, subject to limits within the Constitution.
The area of law addressing conflicts between state and federal laws is generally referred to as the Supremacy Clause. Within this clause is the doctrine of "preemption," which states that federal law supersedes state law in many, but not all, cases of conflict. 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 the intent to preempt is inferred from the structure and purpose of the federal law.
The Supremacy Clause has been invoked in various legal contexts, including in the case of Kansas's attempt to restrict federal gun laws, where US Attorney General Eric Holder Jr. cited the clause in denouncing the state law as unconstitutional.
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Federal contractors and state taxes
The Supremacy Clause of the US Constitution, a key provision appearing in Article VI, addresses possible conflicts between state and federal laws. The doctrine of "preemption" within the Supremacy Clause states that in many (but not all) cases of conflicting laws, federal law supersedes state law.
Federal contractors are not exempt from state and local taxes. In fact, government contractors are subject to specific state and local taxes simply because they are government contractors. Federal contractors are subject to three categories of state and local taxes: business, professional, and occupational license taxes; sales and use taxes; and income taxes.
Contractors must be aware of the tax laws specific to the states they operate in, and any localities that impose taxes as well. Nexus is an important factor for government contractors to track, as they often work across multiple state lines. This potentially makes the contractor liable for paying income tax in every state with which they have even a small connection. Allocation refers to the division of income among the states a contractor is doing business in, while apportionment refers to the formula that states use to divide federal taxable income.
The applicability of state and local taxes to purchases by the federal government may depend on the place and terms of delivery. When the contract price will be substantial, alternative places and terms of delivery should be considered in light of possible tax consequences. For example, the agencies listed below have entered into an agreement with the State of New Mexico to eliminate the double taxation of government cost-reimbursement contracts when contractors and their subcontractors purchase tangible personal property to be used in performing services in whole or in part in the State of New Mexico.
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Marijuana laws
The Supremacy Clause of the United States Constitution, outlined in Article VI, Clause 2, establishes federal law as the supreme law of the land. This clause includes the doctrine of "preemption," which states that federal law supersedes state law in cases of conflict. However, the Tenth Amendment's "anti-commandeering rule" prohibits Congress from requiring states to enforce federal marijuana laws. This amendment generally delegates police powers to the states, allowing them to act as ''laboratories of democracy' and chart their own course regarding marijuana legislation.
The Department of Justice's (DOJ) 2013 Cole Memo formalized a policy of non-interference in state-legal marijuana matters unless a specific federal interest was implicated. While the memo was rescinded in 2018, the non-enforcement practice continued under the Trump and Biden administrations. The federal government has limited resources and faces political challenges when it comes to enforcing federal marijuana laws, and federal prosecutions of individuals possessing marijuana are extremely rare. Instead, federal law enforcement tends to focus on targeting marijuana-related driving offenses, use on federal property, and negative public health consequences.
The conflict between federal and state marijuana laws has created complications, particularly in commerce and capital. Banks have been reluctant to work with marijuana businesses due to concerns about violating federal anti-money laundering laws. This has resulted in a predominantly cash-based industry that is vulnerable to theft. Additionally, federal restrictions on interstate commerce have caused market imbalances, as marijuana producers in states like Oregon cannot export their products across state lines, even to neighboring legal states.
While the federal government has not actively enforced its marijuana laws in states with legalization, the discrepancy between federal and state laws remains. This situation has led to a complex legal landscape where individuals and businesses must navigate conflicting regulations, highlighting the ongoing debate and evolving nature of marijuana legislation in the United States.
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Frequently asked questions
Yes, the federal government can exempt itself from state laws. The Supremacy Clause of the US Constitution states that federal law supersedes state law in cases of conflict.
States cannot prevent federal authorities from enforcing their own laws against individuals or businesses. However, they can create their own laws that conflict with federal laws, as seen with state marijuana laws.
Yes, federal employees can be exempt from state taxes. States cannot tax the United States government, its departments, institutions, and certain other federal entities.
States have attempted to exempt themselves from federal gun laws by passing nullification laws, but these have been denounced as unconstitutional by the US Attorney General.
