Gavin Howe
The United States has a federal system of government, which means that while federal law applies to all US citizens, state laws only apply to citizens within a particular state. This has led to situations where state laws are in conflict with federal laws. While the Supremacy Clause of the US Constitution states that federal law supersedes state law, several states have introduced legislation and resolutions that protest or ignore federal laws. This has led to questions about how states can simply disagree with the federal government and the consequences of states rejecting federal court decisions.
| Characteristics | Values |
|---|---|
| Supremacy Clause | The Supremacy Clause dictates that federal law supersedes state law, but without complete preemption, federalism allows state law to supplement or coexist with federal law. |
| Nullification | States have historically attempted to nullify federal laws, such as with the "doctrine of nullification" regarding slavery, and more recently with firearms legislation. |
| State Sovereignty | "State sovereignty resolutions" or "10th Amendment Resolutions" assert state sovereignty over areas not listed among the "enumerated powers" of the federal government. |
| Medical Cannabis | Despite federal prohibition, states like California and Maine have passed legislation allowing medical cannabis, with the Obama administration advising against prosecuting legal users and suppliers. |
| Healthcare Overhaul | Some states, like Virginia and Idaho, have passed legislation opposing federal healthcare mandates, such as the requirement to buy health insurance. |
| Regulatory Activity | The federal government has allowed state regulatory activity that doesn't prevent federal authorities from enforcing their laws, as seen with states legalizing cannabis despite federal classification as a Schedule I drug. |
| Federal Funding | The federal government can incentivize states to follow federal laws by withholding federal funds from states that do not comply, as seen with smoking age laws. |
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What You'll Learn
Supremacy Clause
The Supremacy Clause is a cornerstone of the United States' federal political structure. It is a constitutional provision that identifies the supremacy of federal law and assumes the underlying priority of federal authority. The Supremacy Clause was introduced as part of the New Jersey Plan during the Federal Convention of 1787 and was passed unanimously. It was ratified in 1788 as part of the Constitution.
The Supremacy Clause states that the Constitution, the laws of the United States made pursuant to the Constitution, and all treaties made under the authority of the United States are the "supreme Law of the Land". This means that federal law is supreme over state law, and judges in every state are bound to follow it, regardless of any contrary provisions in state constitutions or laws. The Supremacy Clause was a response to the lack of a similar provision in the Articles of Confederation, which governed the United States from 1781 to 1789. During the Confederation era, federal statutes did not bind state courts unless there was state legislation implementing them.
The Supremacy Clause has been interpreted by the Supreme Court to mean that federal law can preempt state law, either expressly or impliedly. Express preemption occurs when federal law explicitly states that it is preempting state law. Implied preemption occurs when the intent to preempt state law is implicit in the structure and purpose of the federal law. The Court has also recognized the doctrine of field preemption, where federal law is so pervasive that it leaves no room for state supplementation, or where the federal interest is so dominant that it precludes the enforcement of state laws on the same subject.
The Supremacy Clause also applies to treaties, which are considered to be on equal footing with federal statutes as "supreme law of the land". The Supreme Court has held that the Supremacy Clause allows the federal government to make treaties that supersede state law, even if they abrogate states' rights under the Tenth Amendment. However, courts have differed on the enforceability of certain types of international agreements and the precise scope of a treaty's legal obligations.
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State sovereignty
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. For example, in 1996, California voters decided to create an exception to their state marijuana possession law for residents who met certain medical requirements, despite the federal government still considering possession by those individuals illegal.
The Supremacy Clause of the US Constitution, a key provision appearing in Article VI, addresses the conflict between state and federal laws. Within the Supremacy Clause is the doctrine of "preemption," which states that federal law supersedes state law in many but not all cases of conflicting laws. The Supreme Court has explicitly rejected the idea that states can nullify federal law, yet states have introduced various resolutions and legislation in protest of federal actions. For example, in 2009, "state sovereignty resolutions" were introduced in 37 state legislatures, passing in seven states.
In some cases, states have directly rejected the decisions of the US Supreme Court. For instance, in 2003, the Arizona Supreme Court agreed to "reject" a decision of the US Supreme Court, and in 2006, Michigan voters approved a ballot initiative that sought to "freeze" state law to prevent state courts from following a ruling of the US Supreme Court. These cases demonstrate that the Supremacy Clause is not a binary switch, and federalism allows room for state law to supplement or stand alongside federal law.
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Federal funding
The US Constitution's Spending Clause grants Congress the power to "lay and collect taxes, duties, imports, and excises, to pay the debts and provide for the common defence and general welfare of the United States". This power allows Congress to attach conditions to federal funding, incentivising states to adopt legislative programs consistent with federal interests.
The Supreme Court has articulated four standards to determine whether conditions of eligibility for federal grants are a proper exercise of this power: firstly, the spending must be in pursuit of the general welfare; secondly, the conditions must be unambiguous; thirdly, the conditions must be related to federal interests in the national projects or programs involved; and fourthly, in conditioning the states' receipt of federal funds upon their achieving specified milestones, Congress must not exceed its Spending Clause authority.
However, the question of whether specific conditions attached to federal funds are permissible has been a recurring topic of litigation and congressional interest. For example, in 2017, an executive order was issued that could render "sanctuary jurisdictions"—state or local governments that have adopted laws, policies, or practices intended to limit their involvement in federal immigration enforcement activities—ineligible for federal grants. Litigation regarding this order could provide an opportunity for the federal courts to elaborate further on the federal government's power to impose conditions on the use of federal funds.
In some cases, the Supreme Court has ruled that the federal government cannot require states to enact or enforce a federal regulatory program or require state officials to administer a federal regulatory scheme. For example, in Printz v. U.S., the Court held that the federal government could not require state law enforcement agencies to report cases of missing children to the Department of Justice. Similarly, in the Surface Mining Control and Reclamation Act of 1977, the Court found that the federal government could not "commandeer" states into regulating mining, and that if a state did not wish to submit a proposed program that complied with the act, the federal government would bear the full regulatory burden.
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State nullification
Nullification is a constitutional theory that individual states can invalidate federal laws or judicial decisions they deem unconstitutional. It has been a subject of controversy since its inception in early American history. The theory of nullification is based on the idea that the Constitution is a "compact" among the states, which delegated a set of limited powers to the federal government. This means that states, as parties to the compact, retain the inherent right to judge compliance with it and nullify any violation of the Constitution.
Thomas Jefferson and James Madison are generally credited with originating the theory of nullification in the Kentucky and Virginia Resolutions of 1798, respectively. The Kentucky Resolution aimed to nullify the Alien and Sedition Acts by declaring them unconstitutional and void in the state of Kentucky. The Virginia Resolution sought to nullify the acts through a more moderate approach, announcing the laws' unconstitutionality to the public. However, no other states followed suit, and the theory of nullification was rejected by the other states and the Supreme Court in a series of decisions in the 19th century.
Despite the rejection of nullification by the courts, there have been several notable attempts by states to nullify federal laws throughout American history. In addition to the Kentucky and Virginia Resolutions, these include the Nullification Crisis of 1832-1833, where South Carolina passed an Ordinance of Nullification declaring two federal tariffs null and void because they disproportionately burdened the state; and Arkansas's attempt to nullify Brown v. Board of Education in 1957, which resisted judicially mandated school integration.
In summary, nullification is a theory that states can invalidate federal laws they deem unconstitutional, based on the idea that the Constitution is a compact among states. While it has been controversial and largely rejected by courts, there have been several notable attempts by states to assert their power through nullification throughout American history.
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Federal enforcement
The Supremacy Clause of the US Constitution, a key provision appearing in Article VI, addresses the conflict between state and federal laws. It states that federal law supersedes state law in many—but not all—cases of conflicting laws.
Despite this, several US states have introduced various resolutions and legislation that go against federal laws. For example, in 2003, the Arizona Supreme Court agreed to "reject" a decision of the US 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 US Supreme Court. In 2010, the Virginia Senate passed legislation declaring that Virginia residents cannot be forced to buy health insurance, and Idaho passed a similar bill. In 2009, "state sovereignty resolutions" or "10th Amendment Resolutions" were introduced in the legislatures of 37 states, passing in seven states.
The federal government has limited ways to enforce its laws on states. For example, the federal government has effectively forced states to follow federal laws regarding smoking ages by punishing states that did not enforce these laws by withholding federal funds. In other cases, the federal government has taken a more hands-off approach, such as with state-legalized marijuana sales, which remain illegal under federal law. The Department of Justice advised federal prosecutors not to prioritize marijuana enforcement unless states failed to provide "robust" regulation.
In some cases, states have successfully ignored federal laws by supplementing or standing alongside them. This phenomenon has practical and theoretical consequences for our understanding of federal courts' influence on state law. It provides a playbook for state decision-makers seeking to extend, supplement, or transcend the limitations of federal law.
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Frequently asked questions
No, states cannot ignore federal law. The Supremacy Clause of the US Constitution states that federal law supersedes state law.
While states cannot nullify federal law, they can introduce legislation and resolutions in protest of federal actions. For example, in 2010, the Virginia Senate passed legislation declaring that Virginia residents cannot be forced to buy health insurance.
Yes, states can supplement federal law. For example, in 2003, the Arizona Supreme Court agreed to "reject" a decision of the U.S. Supreme Court, arguing that there were no "sound reasons" for following it.
Yes, states can stand alongside federal law. For example, 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.
