Kara Sears
The U.S. Constitution is the nation's fundamental law, and state laws that conflict with it are deemed unconstitutional. The Supremacy Clause establishes that the Constitution, federal laws, and treaties are the supreme laws of the land, thereby overriding conflicting state laws. For example, in United States v. California, the U.S. Court of Appeals for the Ninth Circuit rejected the federal government's argument that a state law requiring local jails to notify detainees of federal civil immigration enforcement requests was preempted by a federal statute. This highlights the dynamic nature of law-making and interpretation, where the interplay between federal and state laws shapes the legal landscape.
| Characteristics | Values |
|---|---|
| State laws conflicting with the Constitution | Void |
| State laws conflicting with federal statutes or treaties | Void |
| State laws conflicting with earlier compacts between the state and federal government | Void |
| State laws imposing burdens on federal carriage of mails | Void |
| State laws impairing the obligation of contract | Void |
| State laws obstructing or discriminating against federal immigration enforcement | Violation of intergovernmental immunity |
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What You'll Learn
State laws held unconstitutional
In constitutional law, constitutionality is the condition of acting in accordance with an applicable constitution. When laws, procedures, or acts directly violate the constitution, they are deemed unconstitutional. An act or statute enacted as law by a national or subordinate-level legislature may be declared unconstitutional. The supreme court or constitutional court is often the final legal arbiter that determines whether a law is constitutional.
In the United States, state laws held unconstitutional include:
- United States v. Peters, 9 U. S. (5 Cr.) 115 (1809): A Pennsylvania statute prohibiting the execution of any process issued to enforce a federal court sentence on the ground that the federal court lacked jurisdiction in the cause.
- Fletcher v. Peck, 10 U. S. (6 Cr.) 87 (1810): A Georgia statute annulling the conveyance of public lands authorized by a prior enactment violated the Contracts Clause (Art. I, § 10) of the Constitution.
- Dartmouth College v. Woodward, 17 U. S. (4 Wheat.) 518 (1819): A New Hampshire law that altered a charter granted to a private corporation by the British Crown before the Revolution violated the Contracts Clause (Art. I, § 10).
- Farmers’ and Mechanics’ Bank v. Smith, 19 U. S. (6 Wheat.) 131 (1821): A Pennsylvania insolvency law that purported to discharge a debtor from obligations contracted before its passage violated the Contracts Clause (Art. I, § 10).
- Bank of Commerce v. New York City, 67 U. S. (2 Black) 620 (1863): The inclusion of securities of the United States in the capital of a bank subjected the bank to taxation by a New York law, rendering the latter void as it was a tax on US securities.
- City of Boerne v. Flores, 521 U.S. 507 (1997): The Religious Freedom Restoration Act (RFRA) was deemed disproportionate and unable to prevent unconstitutional behavior.
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Federal attempts to compel state and local officials to share immigration-related information
The debate over federal authority in immigration enforcement has intensified with the emergence of “sanctuary cities," jurisdictions that limit cooperation with federal immigration enforcement. While some argue that uniformity in enforcing immigration rules is critical to sovereign authority, others contend that the federal government lacks adequate resources and that state and local entities should be involved. Congress, through amendments to the Immigration and Nationality Act (INA), has gradually expanded the role of state and local officials in immigration enforcement, particularly in criminal provisions. However, concerns have been raised about proper training, finite resources, civil rights violations, and community impact.
The Biden administration has shifted its focus towards individuals posing threats to national security, public safety, or border security, allowing states and cities greater flexibility in their cooperation with ICE. Nevertheless, this shift has faced legal challenges from states advocating for more aggressive enforcement. The dispute centres around the interpretation of the anti-commandeering doctrine and the extent to which the federal government can compel state cooperation in immigration matters.
While the federal government asserts its exclusive power in setting immigration rules, the involvement of state and local law enforcement has been historically limited to specific circumstances and criminal provisions of the INA. The enforcement of civil provisions, including the apprehension and removal of deportable aliens, has been strictly viewed as a federal responsibility, with states playing a supporting role. The debate continues over the proper role of state and local officials in enforcing immigration laws, balancing federal authority with community-specific considerations.
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State laws conflicting with federal statutes
The Supremacy Clause of the US Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws, and treaties made under its authority are the "supreme Law of the Land", taking precedence over conflicting state laws. This clause ensures that federal laws always prevail over state laws, maintaining uniformity across the nation.
The Supremacy Clause has been applied in numerous cases to resolve conflicts between state and federal laws. For example, in Villas at Parkside Partners v. City of Farmers Branch, the Court ruled that an ordinance requiring individuals to obtain a license before residing in a rented apartment conflicted with preexisting federal law. Similarly, in Edgar v. MITE Corp. (1982), the Supreme Court held that a state statute is void if it conflicts with a valid federal statute.
In some instances, federal statutes explicitly include express "preemption clauses" that prohibit states from enacting or enforcing certain laws. Even without express preemption clauses, federal statutes supersede conflicting state laws. An example is the 1976 Medical Device Regulation Act, where Congress preempted all state regulation. However, in other cases, such as prescription drug labelling, Congress allows federal agencies to set minimum standards while permitting states to impose more stringent regulations.
State laws that strengthen federal civil rights protections are permissible, but laws that weaken these protections are not. For instance, same-sex marriage was banned by California voters in 2013, but the federal government overturned this law, asserting its supremacy. Marijuana use is another contentious issue, with some states legalising it for recreational or medical purposes despite it remaining illegal under federal law. This discrepancy has led to legal complications, particularly for businesses operating within state laws.
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The Supremacy Clause
Under the Supremacy Clause, treaties and federal statutes are regarded as the "supreme law of the land", with no superiority given to either. Treaties made under the authority of the United States are thus incorporated into US federal law and are subject to judicial interpretation and review, with courts recognising them as legally binding under the Constitution.
The Supreme Court has applied the Supremacy Clause in various cases, such as in McCulloch v. Maryland, where the Court reviewed a tax levied by Maryland on the federally incorporated Bank of the United States. In another case, the Court held that the Supremacy Clause and Article III grant the Supreme Court the power to review state court decisions involving issues arising under the Constitution and US laws, giving the Court the final say in matters of federal law and constitutional interpretation.
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The U.S. Constitution as the nation's fundamental law
The U.S. Constitution is the nation's fundamental law. Over 200 years ago, Alexander Hamilton, James Madison, and John Jay published a series of 85 essays, now known as the Federalist Papers, to promote the ratification of the United States Constitution. These essays emphasised the need for an independent judiciary to ensure that the people's representatives acted within the authority granted to Congress under the Constitution.
The Constitution outlines the core values of the people and is considered superior to any law passed by Congress. The third article of the U.S. Constitution establishes the judiciary as an independent branch of the government, with the power to interpret laws and ensure they align with the Constitution. This branch plays an integral role in maintaining the rule of law and protecting the rights of minorities.
The process of lawmaking in the United States involves the introduction of a bill, which is a proposal for a new law or a change to an existing one. These bills can be initiated by members of the Senate or House of Representatives, or they can be petitioned by citizens. Once introduced, a committee will research, discuss, and make changes to the bill. If a bill is passed by Congress, it is then presented to the President for approval. The President can choose to veto the bill, but Congress can override this veto, and the bill becomes a law.
The U.S. Constitution serves as a foundation for the country's legal system, with the judiciary playing a crucial role in interpreting and upholding it. The Federalist Papers highlighted the importance of an independent judiciary in maintaining the balance of power between the people and their legislature, as enshrined in the Constitution. This system of checks and balances ensures that the government functions within the boundaries set by the nation's fundamental law.
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Frequently asked questions
The U.S. Constitution is the fundamental law of the nation.
Alexander Hamilton noted that the federal courts "were designed to be an intermediate body between the people and their legislature" to ensure that the people's representatives act within the authority given to Congress under the Constitution.
Yes, state laws can be held to be preempted by federal law and are therefore void. This is due to the Supremacy Clause, which establishes that the Constitution, federal laws, and treaties are the supreme laws of the land.
While the anti-commandeering doctrine allows states and localities to withhold affirmative assistance from federal immigration enforcement, they cannot obstruct or discriminate against federal authorities. The Ninth Circuit held that 8 U.S.C. § 1373 does not mandate state and local cooperation with ICE, but rather provides the option to assist.
Yes, a Maryland statute imposing tolls on passengers in coaches carrying mails over the Cumberland Road was held void as it conflicted with an earlier compact with the federal government and burdened federal carriage of mails.
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