State Law Vs Constitution: Who Wins?

The United States Constitution is the supreme law of the land, and any state law that conflicts with its amendments is invalid. This is known as the Supremacy Clause, which grants the federal government the power to supersede state law. The Supremacy Clause is a cornerstone of the US federal political structure, ensuring federal authority takes precedence over state law. The Supreme Court has consistently upheld this principle, striking down state laws that contradict federal laws or amendments. For example, the Supreme Court invalidated a Colorado constitutional amendment that protected citizens from LGBT anti-discrimination laws, citing a violation of the Equal Protection Clause of the Fourteenth Amendment. While states have the power to amend their constitutions, they cannot override federal laws or amendments. However, it's important to note that Congress cannot pass laws on everything, and certain rights are reserved for the states.

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The Supremacy Clause

In the United States, the Supremacy Clause is a crucial aspect of the country's federal political structure. Essentially, it is a conflict-of-laws rule that establishes the supremacy of specific federal acts over conflicting state laws. This clause ensures that federal authority takes precedence, provided that it operates within the boundaries set by the Constitution.

The significance of the Supremacy Clause is evident in several court cases. For instance, in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821), the Supreme Court asserted its power to review state court decisions involving issues arising under the Constitution and federal laws. The Court concluded that it had the final say in interpreting the Constitution and could overrule state court decisions.

Additionally, the Supremacy Clause has been interpreted to allow the federal government to make treaties that supersede state laws, even if they abrogate states' rights under the Tenth Amendment. This interpretation was highlighted in Missouri v. Holland (1920), where the Supreme Court upheld the supremacy of federal treaties.

While the Supremacy Clause establishes federal supremacy, it is important to note that the US Congress cannot pass laws on everything. Certain rights are reserved for the states, and any federal overreach can be rejected by the US Supreme Court. This delicate balance between federal and state authority ensures that the rights guaranteed by state constitutions are respected while maintaining the primacy of federal law in areas under its jurisdiction.

State vs Federal rights

In the United States, the Supremacy Clause outlines the priority of federal authority over state authority. This clause, found in Article VI of the US Constitution, asserts that federal law takes precedence over state law in the event of a conflict between the two. This means that while state laws are valid and enforceable within their respective states, they must yield to federal laws and the US Constitution if there is a contradiction.

The Supremacy Clause is considered a cornerstone of the US federal political structure. It ensures that federal laws and the Constitution are supreme and that all judges in every state are bound by them. This clause also grants the US Supreme Court the power to review state court decisions involving federal laws and the US Constitution. The Supreme Court can overrule state court decisions if it finds that a state law contradicts federal law or the Constitution. For example, in cases like *Martin v. Hunter's Lessee* and *Cohens v. Virginia*, the Supreme Court invoked the Supremacy Clause to assert its authority to review and overturn state court rulings.

While the Supremacy Clause establishes federal supremacy, it is important to note that the US Congress cannot pass laws on everything. The Tenth Amendment to the US Constitution reserves certain rights for the states. Additionally, any changes to the US Constitution require a much broader consensus than amending state constitutions. To amend the US Constitution, a two-thirds majority in both houses of Congress is needed, followed by ratification by three-quarters of all states. In contrast, states often have lower bars for amending their constitutions, frequently requiring just a simple majority vote.

Despite the Supremacy Clause, there have been instances where state laws have been held unconstitutional by the federal courts. For example, in *Guinn v. United States* (1915), the Supreme Court struck down an Oklahoma constitutional clause that exempted certain individuals from a literacy requirement for voting, ruling that it violated the Fifteenth Amendment's protection against racial discrimination in voting rights. In another case, *Atchison, T. & S. F. Ry. v. Vosburg* (1915), the Supreme Court invalidated a South Carolina law imposing a penalty on carriers for failing to adjust claims within 40 days, as it imposed an invalid burden on interstate commerce and conflicted with the federal Carmack Amendment.

In summary, while a state law cannot directly overrule a constitutional amendment due to the Supremacy Clause, states do retain certain powers and have the ability to pass laws within their sphere of authority. The dynamic between state and federal rights in the US legal system is complex, and the Supreme Court plays a crucial role in interpreting and resolving conflicts between state and federal laws, ensuring that the rights of citizens are protected at both levels of government.

The role of the Supreme Court

The Supremacy Clause of the US Constitution establishes the supremacy of federal law over state law and gives the Supreme Court the authority to review and overrule state court decisions that conflict with federal laws or the Constitution. This clause ensures that federal laws and the Constitution take precedence over any state laws or constitutions, including state constitutional amendments.

For example, in cases such as Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821), the Supreme Court invoked the Supremacy Clause and its judicial power under Article III to review state court decisions and ensure they complied with the Constitution and federal laws. The Court has also ruled on the validity of state laws and constitutional amendments, such as striking down a Colorado amendment that violated the Equal Protection Clause of the Fourteenth Amendment.

While the Supreme Court can review and overrule state laws and court decisions, it does not have the explicit power to block or overturn a constitutional amendment before it is passed and ratified. The process of amending the Constitution is outlined in the Constitution itself, requiring approval by Congress and ratification by a certain number of states. Once an amendment is ratified, it becomes part of the Constitution, and the Supreme Court can interpret and enforce it but cannot unilaterally overturn it.

The Supreme Court's role is crucial in maintaining the balance between state and federal laws and ensuring that state laws do not supersede the authority granted to the federal government by the Constitution. The Court's interpretation and enforcement of the Supremacy Clause help prevent states from bypassing or ignoring federal laws and protect the integrity of the Constitution as the supreme law of the land.

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Marijuana laws

The Supremacy Clause of the US Constitution, found in Article VI, includes the doctrine of "preemption", which states that federal law supersedes state law in many but not all cases of conflict. The federal government has taken the position that state regulatory activity does not violate the Supremacy Clause, as states do not prevent federal authorities from enforcing their laws, and state workers are not directly involved in cultivation or sales. This was further clarified in 2018 when the US Supreme Court overturned a federal law, PASPA, that prohibited states from authorizing sports gambling, citing the "'anticommandeering rule' that flows from the 10th Amendment".

In 1996, California voters created an exception to their state marijuana possession law for residents with certain medical requirements, establishing the first state medical marijuana law. While the federal government still considered possession by these individuals illegal, California was not required to keep possession illegal. Other states have since followed suit, implementing rules for cultivation, licensing, and taxes for those who grow and sell marijuana. As of 2023, at least 41 states have legalized the possession, manufacture, and sale of at least some cannabis products that are federally illegal.

The federal government's non-enforcement policy has led to a decrease in marijuana arrests, with 99% of all arrests occurring at the state and local levels. The Department of Justice advised federal prosecutors to not prioritize marijuana enforcement unless states failed to provide "robust" regulation, focusing on marijuana revenue that appears to fund gangs, support distribution to minors, and transport across state lines. However, in 2018, Attorney General Jeff Sessions rescinded that memo, leaving federal policy uncertain. While federal laws cannot be overruled by state laws, the US system of dual sovereignty allows for states to chart their own paths regarding marijuana legalization, creating a complex landscape of marijuana laws across the country.

State constitutions

While the Supremacy Clause requires any contrary state law to yield to the federal Constitution, there are instances where federal laws cannot override state constitutions. For example, the U.S. Congress cannot pass laws on certain matters as some rights are reserved for the states. However, there are ways to circumvent this, such as through interpretations of the Interstate Commerce Clause or by withholding funding. Ultimately, any conflicts between state and federal laws or constitutions may be decided by the U.S. Supreme Court.

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