Keith Mack
The relationship between the federal government and state governments in the United States is a complex one, with no settled answer existing. While the federal government is supreme over the states within the scope of its powers, the exact scope of these powers is often contested. The federal government cannot directly modify state law, but it can inspire states to change their laws by putting stronger conditions on federal funding. In addition, the U.S. Supreme Court has the power to reverse the decisions of state supreme courts and state courts must accept these interpretations.
| Characteristics | Values |
|---|---|
| Supremacy | The federal government is supreme over the states. |
| Federal law enforcement | The federal government cannot commandeer the resources of the states. |
| State law enforcement | Local law enforcement may not be interested in enforcing federal law. |
| Federal funding | The federal government can threaten to withhold federal funds to keep states in line. |
| State funding | States can choose their own tax systems. |
| State courts | State courts must accept U.S. Supreme Court interpretations of the Constitution and federal law. |
| State legislatures | Congress cannot rewrite state laws but can pass laws that inspire states to rewrite their laws. |
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What You'll Learn
The Supremacy Clause
The inclusion of the Supremacy Clause in the Constitution was not without controversy. During the debates over the Constitution's ratification, intense discussions arose regarding the clause. However, advocates of federal supremacy prevailed, and the Constitution was ratified in 1788 with the inclusion of the Supremacy Clause. This clause played a crucial role in the late eighteenth and early nineteenth centuries, as the Supreme Court relied on it to establish a robust role for the federal government in managing the nation's affairs.
The Supreme Court has identified several types of preemption arising from the Supremacy Clause. Federal law can expressly preempt state law when it explicitly states its intent to do so. Alternatively, federal law can impliedly preempt state law when such intent is implicit in its structure and purpose. Field preemption, a form 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 enforcement in the same subject area.
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Federal government's enforcement of state laws
The relationship between the federal government and the states is one of the most fundamental aspects of the US Constitution and the system it created. There are two visions that have been used to understand this relationship: the nationalist vision and the federalist vision. The nationalist vision imagines a single national people coming together to create a government that represents them and is superior to the individual states. On the other hand, the federalist vision imagines states delegating some of their powers to a federal government that acts as their agent in certain matters.
The Supremacy Clause, which is within the scope of its powers, gives the federal government supremacy over the states. This means that the federal government can enforce state compliance with federal laws. For example, the federal government can enforce federal income tax or federal drug laws without regard to whether the state imposes a state income tax or criminalizes drug possession. However, the federal government cannot directly modify or rewrite state laws. This is known as the anti-commandeering doctrine, which was articulated in US Supreme Court cases like New York v. United States (1992).
While the federal government can enforce certain laws, it does not have sufficient law enforcement resources to enforce all of its laws and is unlikely to ever attain such resources due to budgetary constraints. As a workaround, the federal government may threaten to withhold federal funds to keep states in line with its policies. For example, the federal government threatened to withhold highway funds from states that did not raise the drinking age to 21.
It is important to note that the federal government cannot commandeer the resources of the states. If the federal government wants to enforce a law that a state does not cooperate with, it must either pay for its law enforcement to enforce the law or convince the state to cooperate.
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State nullification of federal laws
The concept of nullification in the context of American history and federalism refers to the idea that individual states can invalidate federal laws or judicial decisions that they deem unconstitutional. Nullification supporters, including Thomas Jefferson and James Madison, argue that the power to declare federal laws unconstitutional is inherent in the concept of state sovereignty and is one of the powers reserved for states by the Tenth Amendment. According to this view, the Constitution is a "compact" among the states, and each state has the right to judge whether the compact has been broken and to nullify any violation of the Constitution.
However, the federal courts, including the U.S. Supreme Court, have consistently rejected the theory of nullification, holding that the Constitution was not a contract among the states but was established directly by the people. Under the Supremacy Clause of the Constitution and Article III, federal law is superior to state law, and the federal judiciary has the final power to interpret the Constitution and make decisions about the constitutionality of federal laws.
Despite the legal rejection of nullification, there have been several notable instances in American history where states have attempted to nullify federal laws. The first prominent attempt was in 1798, when Kentucky sought to nullify the Alien and Sedition Acts, which it deemed unconstitutional and "altogether void and of no force" within the state. In 1832, South Carolina passed an Ordinance of Nullification, declaring two federal tariffs "null, void, and no law" due to their disproportionate impact on southern states. More recently, Texas attempted to ban abortion after six weeks through private lawsuits, which was criticised by Supreme Court justices as an attempt to "nullify" constitutional rights.
While nullification has been controversial and largely unsuccessful in directly overturning federal laws, it highlights the complex dynamics between federal and state powers in the US. The federal government faces practical challenges in enforcing its laws, particularly regarding issues like marijuana legalisation and sanctuary cities, where states or local law enforcement may choose not to cooperate or prioritise other concerns. The federal government can exert influence by threatening to withhold federal funds or deploy its own law enforcement resources, but it must also respect the autonomy of states and the limits of its constitutional powers.
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Anti-commandeering doctrine
The anti-commandeering doctrine is a judicially created federalism protection that says that the federal government cannot require states or state officials to adopt or enforce federal law. The doctrine is based on the Tenth Amendment and related federalism principles from two cases: New York v. United States (1992) and Printz v. United States (1997).
The anti-commandeering doctrine is justified by three reasons: firstly, it protects liberty by ensuring a "healthy balance of power" between the states and the federal government; secondly, it promotes political accountability by avoiding confusion over which government is responsible for a particular policy; and thirdly, it prevents Congress from shifting the costs of regulation to the states.
In the case of Murphy v. National Collegiate Athletic Association, the Supreme Court ruled that the Professional and Amateur Sports Protection Act (PASPA), which prohibits state-sanctioned sports gambling, violated the anti-commandeering rule by putting state legislatures directly under the control of Congress. The Court found that PASPA's anti-authorization provision was solely directed at the activities of state legislatures, in contrast to cooperative federalism where states are given the choice to implement a federal program or allow a federal program to supersede state law.
The anti-commandeering doctrine has been criticised for lacking a basis in the text or history of the Constitution, and for being unworkable in practice. Despite these criticisms, the doctrine remains a significant factor in the complex relationship between federal and state law in the United States.
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State sovereignty
The Amendment states that the federal government's powers are limited to those granted by the Constitution, and that all other powers not prohibited by the Constitution are reserved for the states or the people. In other words, the federal government cannot force states to pass or enforce federal laws, nor can it commandeer state resources to enforce federal laws.
The Tenth Amendment was proposed to address concerns about the potential overreach of a strong federal government and to ensure state sovereignty, freedom, and independence. It also provided clarity on the division of powers between the federal government and the states, which had previously been ambiguous.
Despite the protections offered by the Tenth Amendment, there have been instances where states have challenged federal laws or Supreme Court decisions. For example, in the 19th century, during the Nullification Crisis, South Carolina declared federal tariffs void within the state. This was resolved through a compromise where tariffs were lowered, but it also involved a threat of military intervention by President Andrew Jackson.
In practice, the federal government has also used its power to withhold federal funds to pressure states to comply with federal laws, as seen in the case of raising the drinking age to 21. While this tactic is allowed as long as it is not coercive and is related to the matter at hand, it can be a powerful tool for the federal government to influence state policies.
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Frequently asked questions
The federal government cannot directly modify or overturn a state law. However, the U.S. Supreme Court has the power to reverse state supreme court decisions and state courts must accept these interpretations.
The federal government can threaten to withhold federal funds to keep states in line with their policies. For example, the federal government raised the drinking/smoking age to 21 by threatening to withhold highway funds.
The federal government can enforce its laws in states but does not have the resources to do so for all its laws. For example, the FBI could arrest people in the marijuana business in states where it is legal, but it is unlikely to do so for budgetary reasons.
No, states cannot refuse to collect federal income taxes. However, states do not have to structure their own tax systems in the same way. States can choose to fund their governments through sales taxes instead of income taxes.
