Kara Sears
The Supremacy Clause of the US Constitution establishes a system of federalism that allows state law to supplement or stand alongside federal law. This means that states can sometimes refuse to enforce federal laws, and even reject the decisions of federal courts. For example, in 2003, the Arizona Supreme Court rejected a decision of the US Supreme Court, and in 2006, Michigan voters approved a ballot initiative to prevent state courts from following a ruling of the US Supreme Court. In practice, this can play out in different ways: for example, while marijuana is illegal under federal law, states like Colorado have chosen not to enforce these laws, as long as citizens follow state laws. The federal government can also incentivize states to adopt federal laws by withholding federal funds.
| Characteristics | Values |
|---|---|
| State sovereignty | States are not compelled to enforce federal standards or participate in federal regulatory programs |
| Supremacy Clause | State law can supplement or stand alongside federal law |
| State law enforcement | State/local LEOs can arrest someone and transfer them to federal authorities to be charged under federal statutes |
| State funding | The federal government can withhold federal funds from states that do not enforce federal laws |
| State resources | The federal government cannot commandeer the resources of the states |
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What You'll Learn
State rejection of federal court decisions
In the United States, the federal government can enforce federal law in states through the withholding of federal funds. This is because all states depend on these federal funds for their budgets. However, states can reject federal court decisions by passing laws or issuing judicial opinions that explicitly reject specific opinions issued by the U.S. Supreme Court.
For example, in 2003, the Arizona Supreme Court agreed to "reject" a decision of the U.S. Supreme Court, citing no "sound reasons" for justifying following it. Similarly, in 2006, Michigan voters approved a ballot initiative that sought to "freeze" state law to prevent state courts from following a ruling of the U.S. Supreme Court.
Another example is the legalization of marijuana in Colorado, which is a way of saying that Colorado won't enforce federal laws against marijuana, as long as citizens follow Colorado's laws. The DEA could shut down dispensaries in Colorado if they had the funding and orders to do so, but they haven't taken this action.
States have the freedom to depart from federal law, and there can be clashes between federal and state courts and legislatures. This can lead to states reducing the practical impact of federal court decisions and shaping domestic law.
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State rejection of federal caselaw
The United States Supreme Court does not always have the final say, and states do not always follow its decisions. For instance, in 2003, the Arizona Supreme Court rejected a decision of the U.S. Supreme Court, and in 2006, Michigan voters approved a ballot initiative that sought to prevent state courts from following a ruling of the U.S. Supreme Court. This is because the Supremacy Clause is not a binary switch, and without complete preemption, federalism leaves room for state law to supplement or stand alongside federal law.
States can depart from federal law by passing laws or issuing judicial opinions that explicitly reject specific opinions issued by the U.S. Supreme Court. This phenomenon of state rejection of federal caselaw has practical and theoretical consequences for our understanding of federal courts' influence on state law. It also has implications for the causes and consequences of this phenomenon, as there is no single explanation for state law rejecting federal law.
In some cases, states may choose to not enforce federal laws, as long as individuals follow state laws. For example, while marijuana is illegal at the federal level, some states have chosen not to enforce these laws, as long as individuals follow the state's laws regarding marijuana. Similarly, states have created gun and illegal immigrant 'sanctuary' laws that provide protection from federal laws.
However, the federal government can force states to adopt federal laws by withholding federal funds. For example, the federal government withheld federal funds from states that did not enforce the smoking age of 21, effectively forcing states to follow this federal law.
In cases where a state supreme court is defied by the state government, the judiciary may direct the relevant sheriff's office to enforce contempt charges against the state officials violating the rules.
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State rejection of federal statutes
In the United States, the federal government cannot commandeer the resources of the states to enforce federal laws. This means that states can choose not to enforce federal laws, as long as they follow their own state laws. For example, marijuana is illegal under federal law, but some states have legalised it and chosen not to enforce the federal law. However, the federal government can incentivise states to adopt federal laws by withholding federal funds, which states depend on for their budgets.
In some cases, states have rejected federal laws due to a lack of constitutional authority. For instance, in New York v. U.S., the Supreme Court held that a federal law requiring states to regulate the disposal of radioactive waste was outside Congress' powers and inconsistent with the Tenth Amendment. Similarly, in a 1997 case, the Supreme Court ruled that the Brady Act, which required state officials to conduct background checks for handgun purchases, violated state sovereignty.
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State rejection of federal regulatory programs
In the United States, the federal government and state governments exercise regulatory authority in many of the same policy areas. This means that there is often a need to balance federal and state responsibilities for standard setting and implementation.
There are several mechanisms for achieving nationwide coverage in regulatory and standard-setting, including:
- Fixed federal standards that preempt all state regulatory action in the subject area covered.
- Minimum federal standards that preempt less stringent state laws but allow states to establish more stringent standards.
- Inclusion of federal regulatory provisions in grants or other forms of assistance.
- Cooperative programs in which voluntary national standards are formulated by federal and state officials working together.
- Widespread state adoption of voluntary standards formulated by quasi-official entities.
The first two mechanisms involve preemption, while the other three represent alternative approaches that offer different options for implementation and enforcement. Each mechanism has its own advantages and disadvantages, and the appropriate mechanism will depend on the specific context and objectives.
In some cases, states may choose to reject or depart from federal law. This can be done by passing laws or issuing judicial opinions that explicitly reject specific opinions issued by the U.S. Supreme Court. For example, in 2003, the Arizona Supreme Court agreed to "reject" a decision of the U.S. Supreme Court, and in 2006, Michigan voters approved a ballot initiative that sought to "freeze" the state's law to prevent state courts from following a ruling of the U.S. Supreme Court. In other cases, states may choose not to enforce federal laws, as long as individuals follow state laws. For example, while marijuana is illegal under federal law, some states have chosen not to enforce these laws and instead have their own laws and regulations regarding marijuana use and possession.
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State rejection of federal law enforcement functions
The United States Constitution, in its Supremacy Clause, establishes that federal law is paramount over state law in cases of conflict between the two. However, this does not mean that states are always bound to follow federal law. States have a degree of autonomy and can choose to depart from federal law in certain instances. This phenomenon, known as "state rejection of federal law," has been observed in several instances where states have chosen to legalise marijuana, create gun sanctuaries, and shield illegal immigrants despite contrary federal legislation.
State rejection of federal law can occur through the passing of laws or the issuance of judicial opinions that explicitly contradict or refuse to implement specific federal rulings. For example, in 2003, the Arizona Supreme Court rejected a decision of the US Supreme Court, and in 2006, Michigan voters approved a ballot initiative to prevent state courts from following a particular ruling of the US Supreme Court. These instances demonstrate that states can sometimes choose to disregard federal court decisions, especially when they believe that the rulings lack sound justification or infringe on states' rights.
The anti-commandeering doctrine further reinforces states' autonomy by prohibiting the federal government from coercing states to enforce federal laws. If the federal government wants a particular state to enforce a specific federal law, it must either deploy its law enforcement agencies or persuade the state to cooperate voluntarily. This dynamic was evident in the context of marijuana legislation, where states like Colorado chose not to enforce federal laws prohibiting marijuana as long as individuals complied with state regulations.
Additionally, the federal government can indirectly influence states to adopt federal laws by withholding federal funds, which are crucial for state budgets. States that refuse to enforce federal laws may face financial consequences, as illustrated by the federal government's decision to withhold funds from states that did not raise the smoking age from 18 to 21. This strategy effectively forced states to comply with federal smoking age regulations to avoid financial penalties.
The dynamics between federal and state law enforcement functions are complex and subject to ongoing negotiations and conflicts. While the Supremacy Clause establishes the primacy of federal law, states possess a degree of autonomy and can exert their influence to shape the enforcement of laws within their jurisdictions.
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Frequently asked questions
While the Supremacy Clause is not a binary switch, the federal government cannot commandeer the resources of the states. If a state does not wish to submit a proposed program that complies with federal law, the regulatory burden will be borne by the federal government.
In 2003, the Arizona Supreme Court agreed to "reject" a decision of the U.S. Supreme Court, because no "sound reasons justified following" it.
States can choose not to enforce federal laws, but they must be willing to bear the regulatory burden. For example, the DEA could shut down dispensaries in Colorado, but they choose not to as they know what the consequences would be.
