Kara Sears
The US Constitution divides authority between the federal government and the states, and the federal government cannot directly force states to enforce federal laws. However, the federal government can incentivize states to enforce federal laws by withholding federal funds, which states rely on for their budgets. This has been referred to as the anti-commandeering doctrine, which prevents the federal government from taking control of state and local law enforcement agencies and forcing them to enforce federal laws. This doctrine has been upheld by the Supreme Court, which has ruled that Congress cannot commandeer states into regulating certain activities, such as mining or energy. While states that have legalized cannabis do not prevent federal authorities from enforcing federal laws, Congress has put limits on federal law enforcement related to medical cannabis, and personal possession cases at the federal level are rare.
| Characteristics | Values |
|---|---|
| Supremacy Clause of the US Constitution | Federal law supersedes state law |
| Anti-commandeering doctrine | Prevents federal government from taking control of state and local law enforcement and forcing them to enforce federal laws |
| Work-around | Withholding of federal funds from states |
| State sovereignty | States cannot be forced to regulate |
| Federal goal | Important consideration |
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What You'll Learn
The Supremacy Clause
However, the Supremacy Clause does not give the federal government unlimited power to compel states to enforce federal laws or regulations. In some cases, the Supreme Court has ruled that the federal government cannot require states to enact or enforce certain laws, such as in New York v. U.S., where the Court held that a federal law requiring states to regulate the disposal of radioactive waste was outside Congress's enumerated powers and inconsistent with the Tenth Amendment. The Court has also upheld the principle of dual federalism, recognizing the division of power between the federal government and the states.
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The anti-commandeering doctrine
The Tenth Amendment, proposed by the First US Congress in 1789, expresses the principle of federalism, where power is shared between the federal government and individual states through mutual agreement. It states that the federal government only has the powers granted to it by the Constitution and that all other powers not explicitly given to the federal government or prohibited from the states are reserved for the states or the people.
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State sovereignty
In the United States, state sovereignty is protected by the Tenth Amendment, which reserves powers for the states that are not delegated to the federal government by the Constitution. This system of dual sovereignty, as described by Justice Scalia, is violated when Congress commands state executives to administer federal regulatory programs or enforce federal laws. The Supreme Court has held that Congress may not exercise power that impairs the states' integrity or their ability to function effectively within the federal system.
While states maintain their sovereignty, they also engage in intergovernmental relations that may require cooperation with federal authorities on issues such as law enforcement and education. The area of law addressing potential conflicts between state and federal laws is generally referred to as the Supremacy Clause of the US Constitution. Within this clause is the doctrine of "preemption," which states that federal law supersedes state law in many, but not all, cases of conflicting laws.
For example, in the context of marijuana laws, some states have legalized medical or adult-use cannabis despite federal laws prohibiting it. While federal authorities can still enforce their laws against individuals or businesses, they cannot require states to keep marijuana illegal. Similarly, some states allow the sale of raw milk despite federal laws banning it. These examples illustrate the dynamic relationship between state sovereignty and federal authority in the United States.
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Federal preemption
In the United States, the federal government may want states to make certain things illegal, but it doesn’t happen automatically, and the federal government is limited in the ways it can make states comply. The area of law that addresses possible conflict between state and federal laws is generally referred to as the Supremacy Clause of the US Constitution, a key provision appearing in article VI.4. Within the Supremacy Clause is the doctrine of "preemption", which states that in many (but not all) cases of conflicting laws, federal law supersedes state law.
The anti-commandeering doctrine prevents the federal government from taking control of state and local law enforcement offices and forcing them to enforce federal laws. The federal government cannot directly force state and local policing of its policies and laws. Instead, it forces states to adopt federal laws by withholding federal funds, which are partly comprised of monies donated from state citizens to the federal government. All states depend on these federal funds for their budgets and will create laws to enable state and local law enforcement agencies to enforce federal laws when the federal government withholds these funds.
The Tenth Amendment, the enumerated Powers Clause, and other provisions establish a system of dual sovereignty that is violated when Congress orders state executives to administer a state regulatory program. According to Justice Scalia, separation of powers principles arising from the constitution's structure are violated when Congress bypasses the federal executive branch by requiring state executives to perform federal law enforcement functions.
In New York v. U.S., the Supreme Court held that a federal law that required states to accept ownership of radioactive waste or regulate its disposal according to Congress' instructions was outside Congress' enumerated powers and was inconsistent with the Tenth Amendment. However, the Court has also upheld the constitutionality of the law's monetary and access incentive provisions.
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Federal funding
The US Constitution's Supremacy Clause, found in Article VI.4, contains the doctrine of "preemption," which states that federal law supersedes state law in most cases of conflicting laws. However, the federal government has generally allowed state regulatory activity to continue as it does not prevent federal authorities from enforcing their laws, and state workers are not directly involved in activities that contravene federal laws.
While the federal government cannot directly force states to enforce federal laws, it can withhold federal funds from states, which rely on this funding for their budgets, to incentivize compliance. This workaround is based on the understanding that states will create laws to enable state and local law enforcement agencies to enforce federal laws when their funding is withheld.
In New York v. U.S., the Supreme Court ruled that a federal law requiring states to accept ownership of radioactive waste or regulate its disposal according to Congress' instructions was outside Congress' powers and inconsistent with the Tenth Amendment. The Court upheld the constitutionality of the law's monetary and access incentive provisions. This case set a precedent for the federal government's ability to incentivize states to comply with federal laws through financial incentives.
In FERC v. Mississippi, the Court observed that it had never explicitly sanctioned a federal command to the states to promulgate and enforce laws and regulations. However, the federal government can incentivize states to develop programs to address national issues, such as the energy crisis, without "commandeering" the states.
The anti-commandeering doctrine prevents the federal government from taking control of state and local law enforcement agencies and forcing them to enforce federal laws. While the federal government can set conditions for states to receive federal funding, states ultimately have the choice to accept these conditions and participate in enforcing federal laws.
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Frequently asked questions
No, the US government cannot directly force states to enforce federal law. The anti-commandeering doctrine prevents the federal government from taking control of state and local law enforcement offices and forcing them to enforce federal laws.
The federal government can withhold federal funds from states that do not comply with federal law. All states depend on these federal funds for their budgets and will create laws to enable state and local law enforcement agencies to enforce the federal laws when the federal government withholds these funds.
No, the federal government cannot require states to keep marijuana illegal, but it also does not have to prioritise enforcing its own laws in states that have legalised marijuana.
No, states cannot prevent federal authorities from enforcing federal law.
