Anaya Nolan
The question of whether states can enforce federal law is a complex one, with a unique model of enforcement and a unique form of state power. While federal law is typically enforced through a combination of public and private efforts, with authority vested in a federal agency, states can also play a role in enforcement. State enforcement of federal law is an interesting dynamic, as it involves states acting on behalf of interests that may differ significantly from those of federal enforcers. This dynamic has been largely neglected in federalism literature, which often equates state power with state regulation. However, enforcement authority can be a powerful tool for states to influence policy and interpret federal law. The Supreme Court has weighed in on this issue in several cases, such as Printz v. U.S. and New York v. U.S., with decisions often hinging on constitutional principles of state sovereignty and the division of powers.
| Characteristics | Values |
|---|---|
| State enforcement of federal law | A unique model of enforcement and a unique form of state power |
| State enforcement authority | Can thrive even in areas where state law is preempted or state regulators have chosen not to act |
| State enforcement | Largely decentralized |
| Federal law | Enforced through a combination of public and private efforts |
| Federal civil statutes | Vest enforcement authority in a federal agency |
| Federal civil statutes | Create private rights of action that permit private parties to sue to enforce federal law |
| State attorneys general | Independent from the state legislature and governor |
| State attorneys general | May represent different constituencies |
| State enforcement authority | Opens up new outlets for state-centered policy |
| Federal law | Requires only consideration of federal standards |
| State court enforcement of federal law | State courts, at least with regard to claims and cases analogous to claims and cases enforceable in those courts under state law, are required to enforce "penal" laws of the United States |
| State court enforcement of federal law | State courts may hear cases over which federal courts would have also had jurisdiction |
| State court enforcement of federal law | State courts have concurrent jurisdiction whenever, by their own constitution, they are competent to take it |
| State court enforcement of federal law | State courts' refusal to hear federal claims upheld by the Supreme Court when state law provided a valid excuse to decline jurisdiction |
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What You'll Learn
- State enforcement of federal law is a unique model of enforcement and a unique form of state power
- Federal law is enforced through public and private efforts, with federal agencies or private parties able to sue
- State court jurisdiction to enforce federal law is related to the anti-commandeering doctrine
- State sovereignty and refusal to enforce federal regulations
- State courts are required to enforce penal laws of the United States
State enforcement of federal law is a unique model of enforcement and a unique form of state power
The enforcement authority of federal law by state actors serves as a potent means of state influence, as states can adjust the intensity of enforcement and interpret federal law in their own way. This authority does not depend on regulatory authority, and state enforcement of federal law breaks the typical link between law creation and enforcement by authorizing state actors to enforce the laws of a different sovereign. State enforcement authority can therefore thrive even in areas where state law is preempted or state regulators have chosen not to act.
State attorneys general differ from federal agencies as agents of enforcement, and they also differ from state agencies as agents of federal-state interaction. This enforcement authority opens up new avenues for state-centered policy, empowering actors whose interests and incentives set them apart from the state institutions that dominate other channels of federal-state dialogue.
While the Supreme Court has held that federal law requires only the consideration of federal standards, and that states are not compelled to enact a legislative program, there have been cases where the Court has found that state laws or practices cannot be used to undermine federal law or refuse to entertain a federal cause of action. For example, in the case of Haywood v. Drown, the Court struck down a New York statute that gave the state's supreme courts jurisdiction over suits brought under 42 U.S.C. § 1983, finding it contrary to Congress's judgment. In another case, New York v. U.S., the Supreme Court held that a federal law requiring states to accept ownership of radioactive waste or regulate its disposal was outside Congress's enumerated powers and inconsistent with the Tenth Amendment.
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Federal law is enforced through public and private efforts, with federal agencies or private parties able to sue
Federal law is enforced through a combination of public and private efforts. Most federal civil statutes vest enforcement authority in a federal agency, but some also create private rights of action that allow private parties to sue to enforce federal law. For example, in Cannon, the Court noted that " [t]he award of individual relief to a private litigant who has prosecuted her own suit is not only sensible but is also fully consistent with-and in some cases even necessary to-the orderly enforcement of the statute."
There are two distinct types of public enforcement. Many federal statutes authorise civil enforcement by both a federal agency and the states, typically through their attorneys general. State enforcement is largely decentralised, and states act on behalf of a set of interests that differ significantly from those of federal enforcers. Attorneys general in most states are independent from the state legislature and governor and may represent different constituencies.
State enforcement of federal law is a unique model of enforcement and a unique form of state power. Enforcement authority can serve as a potent means of state influence, allowing states to adjust the intensity of enforcement and to press their own interpretations of federal law. State enforcement of federal law authorises state actors to enforce the laws of a different sovereign, empowering a different breed of state representatives.
The question of state court enforcement of federal law is related to, but distinct from, the anti-commandeering doctrine. While the United States is a concurrent and paramount sovereignty, state courts have concurrent jurisdiction whenever they are competent to take it by their own constitution. In several cases, the Supreme Court has upheld state courts' refusal to hear federal claims, finding that state law provided a valid excuse to decline jurisdiction.
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State court jurisdiction to enforce federal law is related to the anti-commandeering doctrine
The question of state court enforcement of federal law is distinct but related to the anti-commandeering doctrine. While the anti-commandeering doctrine has not been directly applied to state judiciaries, the Supreme Court has held that state courts of competent jurisdiction must enforce federal law. For example, in Testa v. Katt, the Court held that state courts are obligated to hear cases under federal law.
The relationship between state court jurisdiction and the anti-commandeering doctrine is complex. On the one hand, the anti-commandeering doctrine suggests that Congress cannot compel states to enact or enforce federal laws. On the other hand, state courts have concurrent jurisdiction and are generally obligated to hear cases under federal law. This tension has led to calls for the reconsideration of certain precedents, such as McKnett, which involved the expansion of state court jurisdiction to include federal claims.
Ultimately, the applicability of the anti-commandeering doctrine to state courts remains unresolved. While the doctrine has been applied to state legislatures and executive officers, the Court has been careful to distinguish cases involving state judiciaries. However, legal scholars argue that the rationale behind the doctrine—that the federal government may not coopt a branch of state government for its own ends—could be extended to state judges as well.
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State sovereignty and refusal to enforce federal regulations
The United States Constitution establishes a system of dual sovereignty, with the federal government and the states each possessing their own sphere of authority. While the laws of the United States are binding on the states, the federal government cannot commandeer a state's legislative processes by directly compelling it to enforce a federal regulatory program. This principle was affirmed in the Supreme Court case of Printz v. United States, where the Court held that a federal law requiring state officials to conduct background checks as part of a federal program violated constitutional principles of state sovereignty.
In several instances, the Supreme Court has upheld the right of states to refuse to enforce federal laws that conflict with their own constitutions or policies. For example, in Mondou v. New York, a Connecticut court declined to hear a case arising under federal law because it deemed that the policy behind the law was not in accord with the state's policy. The Supreme Court, however, rejected this proposition, emphasizing that Congress had not attempted to regulate the jurisdiction of state courts or control their procedures.
The concept of nullification, introduced by the Kentucky Resolutions of 1799, further complicates the dynamic between state and federal law. Nullification asserts that when a federal law is deemed unconstitutional, the remedy is for the states to nullify or refuse to enforce it. While states may refuse to use their resources to enforce federal law, this is distinct from nullification, which involves declaring the law invalid and forbidding its enforcement.
While states have some autonomy in interpreting and enforcing federal laws, they cannot directly contravene or opt out of federal regulatory programs. The question of state court enforcement of federal law is a complex and evolving area of law, with various factors influencing the dynamic between state and federal authority.
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State courts are required to enforce penal laws of the United States
The United States Constitution establishes the judicial power of the United States, which is vested in the Supreme Court and inferior courts established by Congress. This includes state courts, which have played a role in enforcing federal law throughout US history.
State courts are generally authorised to hear cases arising under federal law, particularly when federal courts do not have exclusive jurisdiction over a matter. In the 1876 case of Claflin v. Houseman, the Supreme Court held that state courts could hear cases arising under federal bankruptcy law. The Court reasoned that the laws of the United States are equally binding on state courts and citizens as state laws. This principle of concurrent jurisdiction means that state courts can exercise jurisdiction over federal claims, provided they are competent to do so under their own constitutions.
However, state courts are not always required to hear federal claims. While they must respect the Supremacy Clause and apply federal law, they can decline jurisdiction in certain cases. For example, in Testa v. Katt, the Rhode Island Supreme Court initially declined to enforce a federal statute with a punitive damages provision, considering it penal in nature and not a valid excuse to enforce the laws of a foreign government. However, the US Supreme Court reversed this decision, mandating that the state court enforce the federal statute.
The question of state court enforcement of federal law is distinct from the anti-commandeering doctrine, as clarified in Printz v. United States. While federal legislation can require state courts to take specific actions, such as recording citizenship applications, it cannot compel the state executive to act on its behalf. This distinction highlights the complex dynamics between federal and state authorities in the US legal system.
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Frequently asked questions
Yes, states can refuse to enforce federal laws. In the past, states have refused to enforce federal laws on the grounds that it would be against the public policy of the state.
Yes, states can enforce federal laws. Federal law is enforced through a combination of public and private efforts. Many federal statutes authorize civil enforcement by federal agencies and the states, typically through their attorneys general.
Yes, states can make their own laws. The Tenth Amendment establishes a system of dual sovereignty that is violated when Congress orders state executives to administer a state regulatory program.
Yes, states can refuse to enforce federal laws that violate the state's sovereignty. In Printz v. U.S., the Supreme Court held that a federal law violated constitutional principles of state sovereignty by requiring state officials to conduct background checks as part of a federal program.
