Kara Sears
The relationship between state and federal law in the US is a complex one, and the question of whether states can ignore the constitution when creating laws is a deeply contested issue. The Supremacy Clause of the Constitution establishes federal law as superior to state law, and federal courts have repeatedly rejected the theory of nullification, which holds that states may reject federal laws they deem unconstitutional. However, supporters of nullification argue that states have the inherent right to judge compliance with the Constitution and declare federal laws unconstitutional if they exceed the federal government's delegated powers. While the power to make final decisions on constitutionality rests with federal courts, Congress can restrict what state law can say on certain topics, and federal statutes can displace or preempt state law.
| Characteristics | Values |
|---|---|
| Supremacy Clause | The Supremacy Clause is a constitutional provision that identifies the supremacy of federal law over state law. It assumes the underlying priority of federal authority, as long as it is expressed in the Constitution. |
| Nullification | The theory of nullification suggests that states may reject or nullify federal laws that they believe exceed the federal government's constitutional powers. However, this theory has been rejected by state and federal courts, including the U.S. Supreme Court. |
| Interposition | The idea of interposition asserts that a state has the right and duty to "interpose" when the federal government enacts laws that the state considers unconstitutional. |
| Federal Preemption | Federal preemption occurs when federal statutes or regulations take precedence over state laws. This can be explicit through preemption clauses or implicit through conflicting federal laws or regulations. |
| State Sovereignty | Supporters of nullification argue that the power to nullify federal laws is inherent in the concept of state sovereignty and is a power reserved for the states. |
| Tenth Amendment | The Tenth Amendment states that the federal government only has the powers delegated to it by the Constitution. It emphasizes that certain powers are reserved for the states. |
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What You'll Learn
Nullification and interposition
The theory of nullification is based on the idea that the states formed the Union through an agreement or "compact" among themselves, and that as creators of the federal government, the states hold the ultimate authority to determine the limits of that government's power. According to this theory, states may reject or nullify federal laws that they believe go beyond the federal government's constitutional powers.
The concept of interposition is closely related to nullification. Interposition holds that a state has the right and duty to "interpose" when the federal government enacts laws that the state considers unconstitutional. While nullification is an act of an individual state, interposition is undertaken by multiple states acting jointly. When a state interposes, it declares a federal law unconstitutional, but this does not result in a declaration that the law may not be enforced in the state. Instead, the state communicates with other states, attempts to gain their support, petitions Congress to repeal the law, introduces Constitutional amendments in Congress, or calls a constitutional convention.
The Kentucky and Virginia Resolutions of 1798, written by Thomas Jefferson and James Madison, are considered the foundational documents of the theories of nullification and interposition. In these resolutions, Jefferson and Madison argued that the states have the right to interpret the Constitution and can declare federal laws unconstitutional when the federal government exceeds its delegated powers.
The theories of nullification and interposition have been repeatedly rejected by state and federal courts, including the U.S. Supreme Court. The courts have ruled that under the Supremacy Clause of the Constitution, federal law takes precedence over state law, and that the federal judiciary has the final authority to interpret the Constitution.
Despite legal rejections, there have been several instances in U.S. history where states attempted or threatened nullification and interposition, such as the Nullification Crisis of 1832-33, when South Carolina tried to declare federal tariffs null and void within the state.
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The Supremacy Clause
Despite the Supremacy Clause, some states have attempted to nullify federal laws they believe are beyond the federal government's constitutional powers. However, these attempts have been rejected by state and federal courts, including the US Supreme Court, which has held that the power to make final decisions about the constitutionality of federal laws lies with the federal judiciary, not the states.
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The Tenth Amendment
The amendment emphasizes that the national government's character remains unchanged by the inclusion of a bill of rights. In other words, it is still a government of limited and enumerated powers. Therefore, the first question involving an exercise of federal power is not whether it violates someone's rights, but whether it exceeds the national government's enumerated powers.
- New York v. United States (1992): The Supreme Court invalidated part of the Low-Level Radioactive Waste Policy Amendments Act of 1985, ruling that imposing certain obligations on states violated the Tenth Amendment.
- Printz v. United States (1997): The Court ruled that the Brady Handgun Violence Prevention Act violated the Tenth Amendment by "forced participation of the State's executive in the actual administration of a federal program".
- Gonzales v. Raich (2005): The Supreme Court stated that growing one's own medical cannabis, legal under California state law, affects the interstate market, thus upholding federal law over state law.
- Murphy v. National Collegiate Athletic Association (2018): The Supreme Court ruled that prohibiting states from legalizing sports betting violated the anti-commandeering doctrine, invalidating the Professional and Amateur Sports Protection Act of 1992.
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The relationship between states and federal government
The relationship between states and the federal government in the United States is a complex and deeply contested issue, with no settled answer. On the one hand, supporters of state sovereignty argue that the states' power to nullify federal laws is inherent in their sovereignty and that the Constitution is a contract among the states, allowing them to judge compliance. This theory, known as nullification, was proposed by Thomas Jefferson and James Madison in the Kentucky and Virginia Resolutions in 1798.
However, federal courts, including the Supreme Court, have consistently rejected this theory, upholding the Supremacy Clause of the Constitution, which establishes the supremacy of federal law over state law. The Supremacy Clause, found in Article VI, states that the Constitution, federal laws made under it, and treaties made under the authority of the United States are the "supreme Law of the Land". This means that federal laws take priority over state laws, as long as they are authorized by the Constitution and do not violate constitutional limits on federal power, such as the Bill of Rights.
The Tenth Amendment to the Constitution is particularly relevant in this context, as it states that the federal government only has the powers delegated to it by the Constitution. This amendment has been used to argue for states' rights to nullify federal laws that exceed these delegated powers. However, the federal judiciary, specifically the Supreme Court, has the final power to interpret the Constitution and has consistently held that states do not have the power to nullify federal laws.
While nullification attempts have occurred throughout history, especially before the Civil War, none of these efforts have been legally upheld. The Civil War itself ended most nullification efforts, and modern interpretations of the Supremacy Clause have recognized various ways in which federal statutes can displace or "preempt" state law. Congress has the authority to restrict or wholly forbid certain topics in state law, and federal statutes may include express "preemption clauses" to this end.
In conclusion, while the relationship between states and the federal government is a fundamental fault line of constitutional theory, the current interpretation of the Constitution and relevant case law gives the federal government and judiciary the power to make final decisions about the constitutionality of laws, with federal law taking precedence over state law when conflicts arise.
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Judicial review
The concept of judicial review was already established at the time of the Founding. The Privy Council had employed a limited form of judicial review to review colonial legislation and its validity under the colonial charters. Early Supreme Court Justices also seemed to have assumed the existence of judicial review. The first American decision to recognize the principle of judicial review was Bayard v. Singleton, decided in 1787 by the Supreme Court of North Carolina's predecessor. Notable state cases involving judicial review include Commonwealth v. Caton (Virginia, 1782), Rutgers v. Waddington (New York, 1784), and Trevett v. Weeden (Rhode Island, 1786).
The power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI of the Constitution. The provisions relating to the federal judicial power in Article III state:
> The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish... The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority.
The power of judicial review has also been implied from the Supremacy Clause, which states: " [t]his Constitution" is the "supreme law of the land." It is the inherent duty of the courts to determine the applicable law in any given case.
Two landmark decisions by the US Supreme Court served to confirm the inferred constitutional authority for judicial review. In 1796, Hylton v. United States was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794, which imposed a "carriage tax". The Court performed a judicial review of the plaintiff's claim that the carriage tax was unconstitutional.
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Frequently asked questions
The Supremacy Clause is a constitutional provision that identifies the supremacy of federal law and federal court over state law. It assumes the underlying priority of federal authority, and federal laws made in pursuance of the Constitution are considered the "supreme law of the land".
Nullification is the theory that a state has the right to reject federal laws that it believes are beyond the federal government's constitutional powers. Supporters of nullification argue that the power to declare federal laws unconstitutional is inherent in the concept of state sovereignty. However, federal courts, including the U.S. Supreme Court, have rejected this theory, asserting that federal law is superior to state law.
While states do not have the power to nullify federal laws or declare them unconstitutional, they can create laws that may conflict with or be in addition to federal laws. Congress can restrict what state law can say about certain topics, and federal statutes can displace or "preempt" state law. However, federal laws and treaties must be within the parameters of the Constitution and not violate constitutional limits on federal power.
