Keith Mack
The relationship between state and federal laws is a fundamental fault line of constitutional theory in the United States. While federal laws are the highest authority, states also have their own laws. This means that if a state law conflicts with federal law, the federal law will win. This is known as the Supremacy Clause, found in Article VI of the Constitution, which says that federal laws are more important than state laws. However, this does not mean that states cannot make laws that go against federal laws. In some cases, states can strengthen federal protections, but they cannot weaken them. For example, states can have stricter environmental rules than federal regulations, as long as they do not contradict them.
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What You'll Learn
Supremacy Clause
The Supremacy Clause is a cornerstone of the United States' federal political structure. It establishes the supremacy of federal law over state law and assumes the underlying priority of federal authority, albeit only when that authority is expressed in the Constitution. The Supremacy Clause was included in the US Constitution to address the problems with the Articles of Confederation, which lacked a provision declaring federal law superior to state law.
The Supremacy Clause states that:
> "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
The Supremacy Clause was introduced as part of the New Jersey Plan during the Federal Convention of 1787, and it passed unanimously. It was not a major source of disagreement during the Constitutional Convention, but it did generate controversy during debates over the Constitution's ratification. However, advocates of federal supremacy prevailed, and the Constitution was ratified in 1788 with the Supremacy Clause included.
The Supremacy Clause has been interpreted to mean that federal law can preempt state law either expressly or impliedly. Federal law expressly preempts state law when it explicitly states so, while federal law impliedly preempts state law when that intent is implicit in its structure and purpose. The Supreme Court has also identified different subcategories of implied preemption, including 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 state law enforcement on the same subject is precluded.
In practice, this means that while states cannot exempt people from federal laws, they do have some autonomy in how they structure their own laws. For example, states cannot exempt people from paying federal income taxes, but they can choose to fund their state governments through sales taxes instead of income taxes. Similarly, while the federal government has made the possession of certain drugs a federal crime, states can choose to decriminalize these drugs at the state level.
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State sovereignty
The United States has both federal and state governments, with the federal government having the final say in law. This means that federal laws always prevail over state laws, which is known as the Supremacy Clause, found in Article VI, Section 2 of the U.S. Constitution. The Supremacy Clause ensures unity across the country, preventing states from having different laws that could cause confusion and unfairness.
However, this does not mean that states cannot make laws that differ from federal laws. States have their own authority to create laws, and they can choose to structure their laws differently from federal laws as long as they do not interfere with specified federal purposes. For example, states cannot exempt people from paying federal income taxes, but they can choose to fund their state governments through sales taxes instead of income taxes. Similarly, while states cannot legalise same-sex marriage if it contradicts federal law, they can choose to strengthen federal civil rights laws, such as providing additional protections against discrimination.
In some cases, states may even refuse to enforce certain federal regulations. Recent Supreme Court rulings based on state sovereignty concerns prohibit the federal government from requiring states to enact or enforce federal regulatory programs or requiring state officials to administer a federal regulatory scheme. 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' enumerated powers and inconsistent with the Tenth Amendment.
The relationship between state and federal laws can be complex, and conflicts may arise when they impose different requirements on a party, making it challenging for the party to comply with both sets of laws. In such cases, federal laws dominate due to the Supremacy Clause, and courts are responsible for interpreting and resolving these conflicts.
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Federal preemption
The relationship between the states and the federal government is one of the most fundamental and contested fault lines of constitutional theory in the United States. The preemption doctrine refers to the idea that a higher authority of law will displace the law of a lower authority when the two conflict. When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.
There are three types of preemption: express preemption, conflict preemption, and field preemption. Express preemption occurs when a federal statute explicitly confirms Congress's intention to preempt state law. Conflict preemption occurs when a federal law enacted under Congress's Commerce Clause authority conflicts with state law. Field preemption occurs when Congress preempts all state regulation in a particular area. For example, in Mutual Pharmaceutical Co. v. Bartlett, federal law prohibited generic drug manufacturers from changing the composition or labeling of drugs approved by the FDA, thus preempting state tort law from forcing manufacturers to add information to the FDA-approved label.
Implied preemption, which can take the form of conflict preemption or field preemption, is more controversial and has been outlawed by some states. It occurs when a federal statute implicitly forbids states from enacting or enforcing laws that would interfere with specified federal purposes. For example, in English v. General Elec. Co., the Supreme Court found that a federal law contained an express pre-emption clause, but that did not end the inquiry because the scope of Congress's displacement of state law remained in question.
While federal law generally preempts state law, there are exceptions. For instance, states can choose to fund their governments through sales taxes instead of income taxes. Similarly, while the federal government has made the possession of certain drugs a federal crime, states can choose to not criminalize possession of those drugs under state law. In these cases, the state law does not interfere with the operation of the federal statute, and federal authorities can enforce federal law without regard to state law.
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State tax systems
The United States has separate federal, state, and local governments, each with their own tax systems and laws. While federal laws take precedence, states have the autonomy to structure their tax systems differently from federal laws, as long as they do not interfere with federal statutes. For example, states cannot exempt individuals from paying federal income taxes, but they can choose to fund their state governments through sales taxes instead of income taxes.
In addition to income tax, states may impose taxes on payroll, property, sales, capital gains, dividends, imports, estates, and gifts. States with income tax require employers to withhold state income tax on wages earned within the state, and most states require taxpayers to make quarterly estimated tax payments. All states have tax collection mechanisms and impose penalties for failing to file required tax returns or pay taxes on time.
The relationship between state and federal governments in the US is a complex and deeply contested issue, with no settled answer. While states have significant autonomy in creating their tax systems, federal laws ultimately take precedence, and federal authorities can enforce federal statutes without regard to state laws.
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Federal funding
The relationship between the states and the federal government is one of the most fundamental aspects of the US Constitution, and the question of who is the ultimate sovereign is deeply contested. The Tenth Amendment prohibits the federal government from forcing states to pass or not pass laws or to enforce federal law. However, the federal government can encourage states to adopt certain regulations through the spending power, for example, by attaching conditions to the receipt of federal funding.
The Supreme Court has articulated four standards to determine whether conditions of eligibility for federal grants are a proper exercise of Congress' spending power:
- The exercise of spending must be in pursuit of the general welfare.
- The conditions must be unambiguous.
- The conditions must be related to federal interests in the national projects or programs involved.
- The conditions do not prohibit states from voluntarily complying with federal law to make themselves eligible for federal grants.
An example of this is the nationwide 21-year drinking age, which was imposed by threatening to withhold highway funding from states that refused to pass such laws. Similarly, the federal government encouraged states to dispose of low-level radioactive waste by providing monetary incentives and threatening to withhold federal funding. In the case of National Federation of Independent Business v. Sebelius (2012), the Court ruled that the Patient Protection and Affordable Care Act (ACA or Obamacare) unconstitutionally coerced the states to expand Medicaid by conditioning the continued provision of Medicaid funds on states agreeing to materially alter Medicaid eligibility.
In conclusion, while the federal government cannot force states to pass or enforce federal laws, it can incentivize them to do so through the use of federal funding.
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Frequently asked questions
The Supremacy Clause, found in Article VI, section 2 of the U.S. Constitution, establishes that federal laws supersede state laws.
Yes, federal and state laws can coexist as long as they do not conflict with each other. For example, a state can choose to strengthen federal civil rights laws, but it cannot weaken them.
While states cannot disobey federal law, they can choose not to enforce it. For example, marijuana is illegal under federal law, but some states have chosen not to enforce these laws.
