Keith Mack
The relationship between state and federal law in the US is a complex one, with a system of federalism in place that allows for differences in state and federal law. The Supremacy Clause of the US Constitution, a key provision appearing in Article VI, outlines the supremacy of federal law, stating that federal law takes priority over conflicting state laws. However, federal statutes must be within the parameters of the Constitution and not violate constitutional limits on federal power. While the federal government may want states to adopt certain laws, it doesn't happen automatically, and the federal government's power to make states comply is limited. State officials are not required to enforce federal laws deemed unconstitutional by the state, but they cannot block federal authorities from enforcing federal law.
| Characteristics | Values |
|---|---|
| Can the federal government directly modify state law? | No, but it can indirectly inspire a state to rewrite its laws. |
| Can federal courts overturn state court decisions on matters of state law? | Yes, the Supremacy Clause gives the Supreme Court the power to review state court decisions involving issues arising under the Constitution and laws of the United States. |
| Can the federal government dismiss any state Legislative Assembly in the USA? | No, but it can command state law enforcement authorities to conduct background checks. |
| Can Congress rewrite a state law? | No, but it can rewrite acts of Congress that were the statutory underpinning of a federal regulation. |
| Can states nullify federal laws? | Yes, but only some. |
| Can states impede federal authorities from enforcing their own laws? | No. |
| Can individuals be prosecuted by the federal government for activities that their state has legalized? | Yes. |
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What You'll Learn
Supremacy Clause
The Supremacy Clause is a provision in Article VI of the US Constitution. It establishes that the Constitution, federal laws made under it, and all treaties made under the authority of the United States are the supreme law of the land. This means that federal laws take priority over conflicting state laws. The Supremacy Clause was included in the Constitution to address problems with the Articles of Confederation, which lacked a provision declaring federal law as superior to state law.
The Supremacy Clause contains the Constitution's most explicit references to "judicial review", the idea that even duly enacted statutes do not apply if they are unconstitutional. The Supremacy Clause also explicitly states that the Constitution binds the judges in every state, regardless of any contrary state laws. This means that state courts are not supposed to apply state laws that conflict with the Constitution or federal laws.
The Supremacy Clause includes the doctrine of "preemption", which states that federal law supersedes state law in many (but not all) cases of conflicting laws. Federal law can expressly preempt state law when it contains explicit language to that effect. It can also impliedly preempt state law when that intent is implicit in its structure and purpose. For example, field preemption 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 enforcement of state laws on the same subject.
While the Supremacy Clause establishes the priority of federal law, there are limits to federal power over state law. The US Supreme Court has limited the authority of Congress to directly regulate the operations of state governments, known as the anti-commandeering doctrine. Congress is limited to re-writing acts previously enacted by Congress and cannot rewrite state laws or federal regulations. While the federal government may want states to adopt certain laws, it doesn't happen automatically, and there are constitutional issues related to state power vs. federal preemption.
In practice, state and federal governments can focus on different things due to the system of Federalism in the US. For example, marijuana is classified as a Schedule I Drug under federal law, but many states have legalized medicinal or adult-use cannabis. The federal government has not changed its laws, but it has also not enforced them in states where marijuana has been legalized.
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State nullification of federal laws
The concept of nullification is based on the idea that individual states can invalidate federal laws or judicial decisions deemed unconstitutional. Thomas Jefferson and James Madison first set forth the theories of nullification and interposition in the Kentucky and Virginia Resolutions in 1798. In these resolutions, they asserted a state's right to nullify the Alien and Sedition Acts, declaring them "unconstitutional" and "altogether void and of no force" in Kentucky.
Supporters of nullification argue that the states' power of nullification is inherent in the nature of the federal system. They believe that the Constitution is a contract or "compact" among the states, by which they delegated certain powers to the federal government while retaining all other powers for themselves. According to this theory, if the states determine that the federal government has exceeded its delegated powers, they may declare federal laws unconstitutional.
However, the courts, including the U.S. Supreme Court, have consistently rejected the theory of nullification. They have held that under the Supremacy Clause of the Constitution, federal law is superior to state law, and that the federal judiciary has the final power to interpret the Constitution. The power to make final decisions about the constitutionality of federal laws lies with the federal courts, not the states.
While nullification has been controversial since its inception, it is important to note that states do have some limitations on federal laws. For example, state officials are not required to enforce federal laws that the state has determined to be unconstitutional. Additionally, Congress cannot mandate that states enact specific laws, and the federal government cannot directly modify state laws.
In conclusion, while the theory of state nullification of federal laws has been proposed and debated throughout American history, it has not been legally upheld. The power to interpret and enforce federal laws ultimately rests with the federal courts, which have consistently rejected attempts by states to nullify federal legislation.
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Federal courts overturning state court decisions
The US legal system is complex, with many areas regulated by both state and federal governments. This complexity extends to the courts, where federal courts are for resolving disputes between individuals and the government or between governments of different states, not disputes between different branches of the same state government.
The Supremacy Clause of the US Constitution addresses possible conflicts between state and federal laws. Within the Supremacy Clause is the doctrine of "preemption", which states that in many (but not all) cases of conflicting laws, federal supersedes state law. However, federal courts, when sitting in diversity jurisdiction, are obligated to 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 have ruled, but for particularly important issues of law, it is preferable for the federal court to certify the question to the state supreme court instead. Under no circumstances may a federal court second-guess a state supreme court's determinations of state law.
A complainant will ordinarily be required, as a matter of comity, to exhaust all available state legislative and administrative remedies before seeking relief in federal court. The abstention doctrine instructs federal courts to abstain from exercising jurisdiction if applicable state law, which would be dispositive to the controversy, is unclear and a state court's interpretation of the state law might make resolving a federal constitutional issue unnecessary. Federal jurisdiction is not ousted by abstention; rather, it is postponed.
In the 1997 case, Printz v. United States, the Supreme Court ruled that the federal government could not command state law enforcement authorities to conduct background checks. In addition, the U.S. Supreme Court has limited the authority of Congress to directly regulate the operations of state governments. This is called the anti-commandeering doctrine.
State officials need not enforce federal laws that the state has determined to be unconstitutional, nor may Congress mandate that states enact specific laws. However, states may not block federal authorities from enforcing a federal law unless a court has held that the law is unconstitutional.
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Federal government compelling states to enact laws
In the US, the federal government may want states to make certain things illegal, but it doesn't happen automatically, and the federal government is limited in how it can make states comply. For example, the federal government might ban the sale of raw milk and want states to ban it as well, but some states allow sales despite federal law. This is due to a system called Federalism, which can result in state and federal governments focusing on different things.
The US Constitution is the nation's fundamental law, and the area of law that addresses possible conflicts between state and federal laws is generally referred to as the Supremacy Clause of the US Constitution, a key provision appearing in Article VI. Within the Supremacy Clause is the doctrine of "preemption", which states that in many (but not all) cases of conflicting laws, federal supersedes state law.
The US Supreme Court has limited the authority of Congress to directly regulate the operations of state governments. This is called the anti-commandeering doctrine. It is articulated in US Supreme Court cases like New York v. United States, which held that the Low-Level Radioactive Waste Policy Amendments Act of 1985, which imposed upon states the obligation to provide for the disposal of waste generated within their borders, unconstitutionally commandeered states to enact legislation that the federal government directed it to enact.
The Court has also ruled that Congress may not commandeer a state's legislative processes by directly compelling it to enact and enforce a federal regulatory program, but rather must exercise legislative authority directly upon individuals. The Court noted that there are a variety of methods, short of outright coercion, by which Congress may urge a state to adopt a legislative program consistent with federal interests. For example, it stated that Congress may, under its spending power, attach conditions on the receipt of federal funds, provided that the conditions are a proper exercise of Congress' spending power granted by the Constitution.
In addition, state officials need not enforce federal laws that the state has determined to be unconstitutional, nor may Congress mandate that states enact specific laws. However, states may not block federal authorities from enforcing a federal law unless a court has held that the law is unconstitutional.
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Federal vs. state power
The US federal government cannot directly modify state law. However, federal law takes precedence over state law, and state officials are not required to enforce federal laws deemed unconstitutional by the state.
The US Constitution's Supremacy Clause establishes the Constitution, federal laws, and treaties as the "supreme Law of the Land", taking priority over conflicting state laws. This clause is considered a cornerstone of the US federal political structure, ensuring that federal authority remains supreme within constitutional boundaries. The Supremacy Clause includes the doctrine of "preemption", which states that federal law supersedes state law in most cases of conflict.
The US Supreme Court has limited Congress's authority to directly regulate state governments through the anti-commandeering doctrine. This doctrine was articulated in cases like New York v. United States (1992), where the Low-Level Radioactive Waste Policy Amendments Act of 1985 was deemed to unconstitutionally commandeer states to enact legislation directed by the federal government.
While Congress cannot directly rewrite state laws, it can indirectly influence state legislation. For example, by passing laws that impact federal funding, Congress may inspire states to modify their laws to meet new conditions.
State officials are not required to enforce federal laws that the state deems unconstitutional. However, states cannot impede federal authorities from enforcing federal laws, and individuals can still be prosecuted by the federal government even if their state has legalized an activity.
The federal and state governments in the US can focus on different matters due to the system of Federalism. This has led to situations where states have legalized activities, such as medicinal and adult-use cannabis, that remain illegal under federal law.
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Frequently asked questions
No, the federal government cannot make state law. Congress is limited to re-writing acts previously enacted by Congress. It cannot rewrite a state law. The Supremacy Clause of the Constitution of the United States establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority take priority over conflicting state laws.
No, a state cannot impede federal authorities from enforcing their own law. However, state officials need not enforce federal laws that the state has determined to be unconstitutional.
No, a state cannot block federal authorities from enforcing a federal law unless a court has held that the law is unconstitutional.
