Gavin Howe
The U.S. Constitution is the nation's fundamental law, and any law passed by Congress that conflicts with it is considered void. The Supremacy Clause establishes the Constitution and federal laws as the supreme Law of the Land, with federal preemption taking precedence over conflicting state laws. The Supreme Court plays a pivotal role in interpreting the Constitution and determining the constitutionality of actions by the other branches of government, as seen in the Marbury v. Madison case, where the Court invalidated a law passed by Congress and signed by the President as it was deemed contrary to the Constitution. This system of checks and balances ensures no branch becomes too powerful, safeguarding core values such as freedom of religion, speech, equal treatment, and due process.
| Characteristics | Values |
|---|---|
| Federal laws take priority over state laws | Supremacy Clause |
| The Constitution is the nation's fundamental law | The U.S. Constitution |
| Courts interpret the Constitution and laws passed by Congress | Judicial Review |
| Congress cannot pass laws contrary to the Constitution | Marbury v. Madison, 1803 |
| Federal laws must be within the federal government's enumerated powers | The Tenth Amendment |
| State laws cannot infringe on certain principles | The Bill of Rights |
| State laws cannot interfere with federal acts | Voting Rights Act of 1965, FDA regulations |
| State laws cannot burden interstate commerce | Texas tax on telegraph messages |
| State laws cannot deprive due process and equal protection | Texas railroad law, Louisiana insurance law |
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What You'll Learn
The Supremacy Clause
> "the power of the Constitution predominates. Anything, therefore, that shall be enacted by Congress contrary thereto, will not have the force of law."
Alexander Hamilton also wrote about the Supremacy Clause in Federalist No. 33, noting that federal laws, by definition, must be supreme. He argued that if laws do not function from a position of supremacy, then they amount to nothing.
The Supreme Court has applied the Supremacy Clause in various cases, such as in Ware v. in 1796, and in Martin v. Hunter's Lessee and Cohens v. Virginia in the early 19th century. These cases established the Supreme Court's power to review state court decisions involving issues arising under the Constitution and federal laws, including constitutional interpretation. The Court has also used the Supremacy Clause to develop the doctrine of field preemption, which holds that some federal legislation implicitly prevents states from adopting laws regulating the same subject.
The enforceability of treaties has been a point of contention, with the Supreme Court holding that treaties must comply with the Constitution and are not binding domestic law unless implemented by an act of Congress or explicitly "self-executing".
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Judicial Review
The U.S. Constitution is the nation's fundamental law, codifying the core values of the American people. It is the responsibility of the courts to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
The Federalist Papers, a collection of 85 essays by Alexander Hamilton, James Madison, and John Jay, were written between 1787 and 1788 to encourage the states to ratify the Constitution. In Federalist No. 78, Hamilton wrote:
> "There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid."
Hamilton's words underscore the principle that any law passed by Congress that conflicts with the Constitution is void and without legal force. This concept is derived from the Supremacy Clause, which establishes the Constitution and federal laws as the "supreme Law of the Land." The Supremacy Clause further emphasizes that judges in every state are bound by the Constitution and federal laws, regardless of any contrary provisions in state constitutions or laws.
The power of judicial review, established in the landmark case of Marbury v. Madison (1803), empowers the Supreme Court to determine the constitutionality of laws and actions of the other two branches of government. Through judicial review, the Supreme Court can invalidate federal and state laws that are contrary to the Constitution, ensuring that the Constitution's principles take precedence.
In exercising judicial review, the Supreme Court plays a crucial role in safeguarding the rights and freedoms enshrined in the Constitution, such as freedom of religion, speech, equal treatment, and due process. By interpreting the Constitution and applying it to specific cases, the Court ensures that the rule of law prevails and that the government acts within its constitutional boundaries.
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Federal preemption
There are several types of federal preemption, each with its own nuances:
- Express Preemption: This occurs when a federal statute explicitly states Congress's intention to preempt state law. The language used in these statutes may appear to directly address the states, but it is important not to be misled by the phrasing. An example is the Airline Deregulation Act, which included language to prevent states from re-regulating airline rates, routes, or services.
- Implied Preemption: This is a more controversial form of preemption, as it can be harder to prevent. It occurs in two ways: field preemption and conflict preemption. Field preemption happens when a federal law comprehensively covers a specific area, indicating Congress's intent to occupy the entire "field." Conflict preemption arises when compliance with both federal and state laws is impossible.
- Field Preemption: This is considered a type of implied preemption. It occurs when a federal law covers a specific area so comprehensively that it indicates Congress's intent to occupy the entire "field," leaving no room for state law to operate.
- Conflict Preemption: This is also considered a form of implied preemption. It arises when compliance with both federal and state laws is impossible due to their conflicting nature. In such cases, federal law takes precedence and preempts the conflicting state law.
The Supreme Court plays a crucial role in interpreting and applying federal preemption. When determining whether preemption should apply, the Court considers lawmakers' intent and favours interpretations that avoid preempting state laws unless there is a clear conflict. The Court has also outlined tests, such as the seven-part test in Allied Vending Co. v Bowie (1993), to help determine when a state legislature has preempted a particular field.
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State laws held unconstitutional
The U.S. Constitution is the nation's fundamental law, and courts are responsible for interpreting its meaning, as well as the meaning of any laws passed by Congress. When a law passed by Congress conflicts with the Constitution, the latter ought to be preferred. State laws can be held unconstitutional if they are preempted by federal law or if they violate specific clauses of the Constitution.
For example, in the case of United States v. Peters (1809), a Pennsylvania statute prohibiting the execution of any process issued to enforce a sentence of a federal court was held unconstitutional as it attempted to annul the judgment of a federal court. Similarly, in Fletcher v. Peck (1810), a Georgia statute annulling the conveyance of public lands authorized by a prior enactment was found to violate the Contracts Clause (Art. I, § 10) of the Constitution.
State laws can also be held unconstitutional if they impose an invalid burden on interstate commerce. In one case, a Texas tax on private telegraph messages sent out of the state was deemed unconstitutional as it burdened foreign and interstate commerce and imposed an unconstitutional burden on federal officers. Additionally, state laws that sanction expenditures of public funds for private purposes can be deemed unconstitutional, as in the case of City of Parkersburg v. Brown (1882), where a West Virginia law authorizing a city to issue bonds in aid of manufacturers was held invalid.
Furthermore, state laws that infringe upon the rights guaranteed by the Bill of Rights, such as freedom of religion, speech, equal treatment, and due process, can be held unconstitutional. For instance, a Louisiana law imposing a penalty for soliciting insurance contracts from non-compliant insurers was found to deny liberty of contract and due process.
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Due process
> "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."
Procedural due process means that the government must follow a set of procedures when it attempts to deprive someone of their life, liberty, or property. This includes informing the individual of what is happening, providing them with an opportunity to be heard in court, and providing them with a neutral decision-maker (i.e., a court of law). Substantive due process means that the government must give a compelling reason before infringing upon certain fundamental rights, regardless of the process followed.
In the context of state laws, due process has been used to challenge laws that deprive individuals or entities of their rights without following the required procedures. For example, in the case of City of Parkersburg v. Brown, a West Virginia law authorizing a city to issue bonds to aid manufacturers was found to violate due process as it sanctioned an expenditure of public funds for a private purpose. Similarly, a Texas law requiring railroads to pay court costs and attorneys' fees to litigants who successfully prosecuted claims against them was found to deprive the railroads of due process and equal protection of the law.
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Frequently asked questions
The Supreme Court has the power of judicial review, which means it can invalidate a statute for violating a provision of the Constitution.
The Supremacy Clause establishes federal preemption, which means that valid federal statutes take priority over state laws.
In Marbury v. Madison, the Supreme Court held that Congress cannot pass laws that are contrary to the Constitution, and it is the role of the Judicial system to interpret what the Constitution permits.
The core message of the Supremacy Clause is that the Constitution and federal laws take priority over any conflicting rules of state law.
Some examples include a Georgia statute annulling conveyance of public lands, a Texas tax on private telegraph messages, and a Louisiana law imposing a penalty for soliciting insurance contracts from non-compliant insurers.
