Cecily Zamora
The US federal government has a complex relationship with the states when it comes to enacting laws. While the federal government can pass laws, most enforcement falls to the states. The federal government cannot directly force states to enforce laws or pass state laws, but it can incentivize them to do so through funding. This is known as the Spending Power. The federal government can also send federal officers to enforce federal law, but they cannot force state or local officers to do so. The Supremacy Clause of the US Constitution establishes that federal law supersedes state law, and the Supreme Court has ruled that state laws cannot interfere with federal court judgments. However, the federal government has limited ways to make states comply with federal laws, and states can sometimes refuse to enforce federal regulations.
| Characteristics | Values |
|---|---|
| Can the federal government force states to enact laws? | No, but they can indirectly influence states to do so by threatening to withhold federal funding. |
| Can the federal government force states to enforce federal laws? | No, but they can send federal officers to enforce federal law. |
| Can the federal government pass federal laws? | Yes, if they can provide a Constitutional basis for them. |
| Can federal law supersede state law? | Yes, in many (but not all) cases of conflicting laws, federal law takes priority over state law. |
| Can states refuse to enforce federal laws? | Yes, states can refuse to enforce federal laws, but they may face consequences such as loss of federal funding. |
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What You'll Learn
Supremacy Clause
The Supremacy Clause of the US Constitution, found in Article VI, is a key provision that outlines the relationship between federal and state laws. It establishes that the Constitution, federal laws made under the authority of the Constitution, and treaties made under the authority of the United States are the "supreme Law of the Land". This means that federal law takes priority over any conflicting state laws, and judges in every state are bound by the Supremacy Clause.
The Supremacy Clause includes the doctrine of "preemption", which states that in many (but not all) cases of conflicting laws, federal law supersedes state law. Federal law can preempt state law either expressly or impliedly. Express preemption occurs when federal law explicitly states its intent to preempt state law. On the other hand, implied preemption occurs when the intent to preempt is inferred from the structure and purpose of the federal law. Field preemption, a type of implied preemption, occurs when federal law is so pervasive that it leaves no room for state supplementation, or when the federal interest is so dominant that it precludes state law on the same subject.
The Supremacy Clause played a significant role in the early federalism disputes, with the Supreme Court applying it in ways that reinforced a clear division of powers between the federal and state governments. In the late 1800s and early 1900s, the Court used the Supremacy Clause to establish a robust role for the federal government in managing national affairs. During this period, the Court's decisions often concluded that congressional action in certain fields automatically displaced all state laws in those areas.
While the Supremacy Clause gives precedence to federal law, the federal government cannot directly force states to enact or enforce federal laws. Instead, they can use indirect methods, such as tying federal funding to certain conditions, to encourage states to adopt laws that align with federal interests. For example, in the 1980s, Congress passed a law threatening to withhold federal funding for roads and highways from states that did not set the drinking age to 21. This "coercion" strategy leverages the federal government's spending power to influence state behaviour without directly compelling them to enact specific laws.
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Federal funding as a coercive tool
While the federal government can pass federal laws, it cannot force states to pass a state law or use their resources to enforce a federal one. However, it can use federal funding as a coercive tool to encourage states to craft their own laws in accordance with federal wishes. This is known as the Spending Clause, which gives the federal government the authority to offer federal grant funds to states on the condition that they engage in or refrain from certain activities.
The Supreme Court has placed some limitations on this power, such as in the 1987 case of South Dakota v. Dole, which stated that any legislation enacted under the Spending Clause must pursue the "general welfare" and that the conditions attached to the receipt of federal funds must be unambiguous and germane to the federal interest. In this case, the Court did not find that the federal government's power to withhold funds was coercive, as the funds were related to the federal interest in the national project at hand.
However, in the 2012 case of NFIB v. Sebelius, Chief Justice Roberts concluded that the threatened loss of federal program funds, which made up a significant portion of a state's budget, constituted "economic dragooning" and left states with "no real option but to acquiesce" to the federal government's demands. Similarly, in 2017, the City of San Francisco argued that an executive order issued by President Trump violated the Spending Clause by imposing funding conditions that were unduly coercive and not related to the federal interest.
Another example of the federal government using funding as a coercive tool is in the area of alcohol regulation. Despite the drinking age being technically set by each state, in the 1980s, Congress passed a law stating that states must set the drinking age to 21 or risk losing federal funding for road and highway construction. This effectively coerced states to change their drinking age laws to align with federal preferences.
The federal government has also used funding to influence state laws in the area of marijuana regulation. While marijuana remains illegal under federal law, the US Department of Justice advised federal prosecutors to deprioritize enforcement as long as states provided "robust" regulation. This allowed states to implement their own laws and regulatory policies regarding marijuana, despite the federal government's position.
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State sovereignty
The concept of state sovereignty in the United States refers to the principle that each state within the country has the authority to govern itself and make its own laws. While the federal government can pass federal laws, it cannot directly force states to adopt or enforce them. This is because the US Constitution, specifically the Tenth Amendment, outlines a division of powers between the federal government and the states, upholding state sovereignty.
The Supreme Court has affirmed that Congress cannot "commandeer" a state's legislative processes by compelling it to enact or enforce a federal regulatory program. For instance, in *Printz v. US*, the Supreme Court ruled that a federal law requiring state officials to receive firearms dealers' reports violated constitutional principles of state sovereignty. Similarly, in *Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.*, the Court upheld the Surface Mining Control and Reclamation Act of 1977 as it did not "commandeer" states into regulating mining.
Despite this, the federal government can still influence state laws in several ways. Firstly, the Supremacy Clause of the US Constitution establishes that federal law supersedes state law, and state courts are bound to follow it. This means that if there is a conflict between a federal and state law, the federal law takes precedence. For example, the federal government's classification of marijuana as a Schedule I drug under federal law "clashes" with state laws that have legalised marijuana for medicinal or adult use.
Secondly, the federal government can incentivise states to adopt certain laws by tying government funding to specific actions. For instance, in the 1980s, Congress passed a law threatening to withhold federal funding for roads and highways from states that did not set the drinking age to 21. This coerced states to change their drinking age laws to align with federal wishes.
Lastly, the federal government can send federal officers, such as the FBI or US Marshals, to enforce federal law within states. However, they cannot force state or local officers to enforce these laws. Overall, while the federal government cannot directly force states to enact laws, it has several tools at its disposal to influence state legislation and ensure compliance with federal priorities.
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Marijuana laws
However, the Tenth Amendment's "anti-commandeering rule" prohibits Congress from forcing states to enforce federal marijuana laws. This has allowed states to chart their own paths, and at least 41 states have legalized possession, manufacture, and sale of at least some cannabis products that are federally illegal. This number is trending upwards, with several more states expected to enact various cannabis legalization bills. For example, California was the first state to enact medical marijuana legislation in 1996, and Colorado became the first state to legalize recreational marijuana in 2014.
The federal government has not actively interfered with state-legal marijuana providers for over a decade. This non-enforcement policy was formalized in the 2013 Cole Memo, which advised federal prosecutors to not prioritize marijuana enforcement unless states failed to provide robust regulation. However, the Cole Memo was rescinded by Attorney General Jeff Sessions in 2018, which gave US attorneys the freedom to prosecute people who violate federal marijuana laws, regardless of state law. Despite this, the non-enforcement practice has continued under the Trump and Biden administrations.
The conflict between federal and state marijuana laws has created challenges and injustices, particularly in the financial services sector. While state-chartered banks rely on federal agencies for regulatory oversight, cannabis remains a federally illegal substance, creating a complex situation for financial institutions. The federal government's position on marijuana enforcement has significant implications for individuals and businesses operating in the cannabis industry, with the potential for civil asset forfeiture and conflicting ethical considerations for attorneys.
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Federal enforcement
The Supremacy Clause of the US Constitution establishes that federal law supersedes state law. This means that federal laws and treaties made under the authority of the United States are the supreme law of the land, taking priority over any conflicting state laws.
However, the federal government cannot directly force states to enact or enforce laws. For example, in Hodel v. Virginia Surface Mining & Reclamation Assn., the Supreme Court upheld the Surface Mining Control and Reclamation Act of 1977 because it did not "commandeer" states into regulating mining. The Court found that states were not compelled to enforce steep-slope standards, expand state funds, or participate in the federal regulatory program.
Instead, the federal government can use indirect methods to encourage states to comply with federal wishes. One way is by tying government funds to specific actions, such as linking highway funds to changing drinking ages to 21. This gives states an incentive to craft laws that align with federal preferences. The federal government can also send federal officers, such as the FBI or US Marshals, to enforce federal law in states, but they cannot force state or local officers to do so.
Another example of indirect enforcement is seen in the context of marijuana legalization. While the federal government considers marijuana possession and sales illegal, some states have enacted their own laws legalizing it for medical or adult-use. The Department of Justice advised federal prosecutors to not prioritize marijuana enforcement as long as states provided "robust" regulation. This demonstrates that the federal government can choose to prioritize or deprioritize enforcement of federal laws in states, indirectly influencing state policies.
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Frequently asked questions
No, the federal government cannot force states to enact laws. However, they can incentivize states to do so by tying government funds to specific actions. For example, in the 1980s, Congress passed a law saying that states must set the drinking age to 21 or risk losing federal funding for roads and highways.
No, the federal government cannot force state or local officers to enforce federal law. However, they can send federal officers, such as those from the FBI or US Marshals, to enforce federal law.
Yes, federal law supersedes state law, as outlined in the Supremacy Clause of the US Constitution. This means that federal law takes priority over conflicting state laws.
Yes, the Commerce Clause allows the federal government to impose laws on the states by arguing that commerce of any kind affects interstate commerce and is therefore regulatable by Congress.
