Malcolm Rivera
The US Constitution has several clauses that help prevent conflicts between the national government and the states. One of the most significant is the Supremacy Clause, which establishes the Constitution, federal laws, and treaties as the supreme Law of the Land, taking precedence over conflicting state laws. This clause addresses the legal status of laws that the Constitution empowers Congress to make, ensuring that federal statutes supersede state laws. Another clause that helps prevent conflicts is the Full Faith and Credit Clause, which requires states to recognize and respect each other's laws, court decisions, and public records, fostering horizontal federalism among the states.
| Characteristics | Values |
|---|---|
| The Supremacy Clause | The Constitution and federal laws take priority over any conflicting rules of state law |
| Full Faith and Credit Clause | Each state must give a certain measure of respect to every other state's laws and institutions |
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What You'll Learn
The Supremacy Clause
In the late eighteenth and early nineteenth centuries, the Supreme Court relied on the Supremacy Clause to establish a robust role for the federal government in managing the nation's affairs. The Court invoked the Clause to conclude that federal treaties and statutes superseded inconsistent state laws, enabling the young Republic to enforce the treaty ending the Revolutionary War, charter a central bank, and enact other legislation without interference from uncooperative states. For example, the Voting Rights Act, an act of Congress, preempts state constitutions, and FDA regulations may preempt state court judgments in cases involving prescription drugs.
The basic principle that valid federal statutes preempt conflicting rules of state law is not controversial. However, the Supremacy Clause's role in contemporary legal doctrine differs from that of many other constitutional provisions due to the complexities of statutory interpretation.
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Full Faith and Credit Clause
The Full Faith and Credit Clause, derived from Article IV, Section I of the US Constitution, addresses the duty of states to respect the "public acts, records, and judicial proceedings of every other state". The clause requires state courts to respect the laws and judgments of other state courts, preventing conflict among states and ensuring the dependability of judgments across the country.
The Full Faith and Credit Clause was created to mitigate the risk of multiple states exercising their powers over the same issue or dispute, which could lead to confusion and uncertainty. The clause adjusts the interrelationships between states, altering their status as independent foreign sovereignties and making them integral parts of a single nation.
The clause mandates that full faith and credit be given in each state to the public acts, records, and judicial proceedings of every other state. However, it does not compel a state to substitute the statutes of other states for its own statutes on the same subject matter. The Supreme Court has differentiated between the credit owed to laws (legislative measures and common law) and the credit owed to judgments.
While the Full Faith and Credit Clause typically applies, there may be exceptions. Courts may disregard the judgments of other courts if the prior court did not have jurisdiction or follow constitutionally required procedures. For example, a court may ignore a judgment from another state if the defendant was not properly served. Additionally, if the legal pronouncements of one state conflict with the public policy of another state, federal courts have been reluctant to force the latter to enforce the pronouncements of the former.
The Full Faith and Credit Clause has been applied to various areas, including orders of protection and child support. However, it was not used to force states to recognize interracial marriages before the Supreme Court struck down all laws banning them in 1967. The clause's application to state-sanctioned same-sex marriages, civil unions, and domestic partnerships remains unresolved.
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Conflict between federal and state law
The US has both federal and state governments, and while federal laws are the highest authority, the states also have their own laws. The Supremacy Clause of the Constitution states that federal laws take priority over any conflicting rules of state law. This is known as the preemption doctrine, which refers to the idea that a higher authority of law will displace the law of a lower authority when the two conflict.
There are three types of preemption: outright conflict, express preemption, and implied preemption. Outright conflict occurs when an ordinance directly opposes a state law. Express preemption happens when a state law directly opposes a local power. Implied preemption occurs when one of the following happens: the local ordinance prohibits an act permitted by the state legislature, the local ordinance permits an act prohibited by the state legislature, or there is clear legislative intent that the "field" is preempted by state law. The "field" is usually defined as when there is an extensive scope of state regulation, reflecting a state's intent to preempt all local regulations in a particular area.
There are several examples of conflicts between federal and state law. For instance, some states have legalized recreational marijuana, but it is still illegal under federal law. This has created a difficult situation for people and businesses in those states. Similarly, same-sex marriage is legal in many states but not all, and while federal law can trump state law, it does not always do so. In 2013, California voters enacted a law to ban gay marriage, but federal law deemed this enactment unconstitutional, and it was overturned. However, when the decision was appealed, the US Supreme Court refused to make a ruling. As of 2015, same-sex married couples in the United States have equal access to all federal benefits, even if it is illegal under state law.
In conclusion, while conflicts between federal and state law do occur, the Supremacy Clause of the Constitution establishes that federal law takes precedence over state law. This is further supported by the preemption doctrine, which outlines the specific circumstances under which a higher authority of law will displace the law of a lower authority.
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Judicial review
The Supremacy Clause is a significant structural provision in the US Constitution that addresses the legal status of the laws that other parts of the Constitution empower Congress to make, as well as the legal status of treaties and the Constitution itself. The core message of the Supremacy Clause is that the Constitution and federal laws take priority over any conflicting rules of state law. This principle is so familiar that it is often taken for granted.
The Supremacy Clause contains the Constitution's most explicit references to "judicial review", the idea that even duly enacted statutes do not supply rules of decision for courts if the statutes are unconstitutional. The Supremacy Clause's reference to "the Laws of the United States which shall be made in Pursuance [of the Constitution]" is thought by some scholars to incorporate this.
The Supremacy Clause was a response to problems with the Articles of Confederation, which lacked any similar provision declaring federal law to be superior to state law. During the Confederation era, federal statutes did not bind state courts in the absence of state legislation implementing them. In the late eighteenth and early nineteenth centuries, the Supreme Court relied on the Supremacy Clause to establish a robust role for the federal government in managing the nation's affairs.
In its early cases, the Court invoked the Clause to conclude that federal treaties and statutes superseded inconsistent state laws. These decisions enabled the young Republic to enforce the treaty ending the Revolutionary War, charter a central bank, and enact other legislation without interference from uncooperative states.
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Federalism disputes
Federalism in the United States refers to the division and sharing of powers between the federal government and the individual state governments. The Constitution does not clearly delineate the boundaries between the powers of the federal and state governments, and this has resulted in numerous federalism disputes over the years.
The Articles of Confederation of 1781, which was America's first attempt to codify federalism, failed and was replaced by the Constitution of 1787. The Constitutional Convention of 1787, which took place in Philadelphia, resulted in the creation of a strong national government with a division of powers between the three branches of government. This was a response to the weak federal government that had existed prior, which had presented a flawed form of governance.
The Supremacy Clause in Article VI of the Constitution establishes federal law as superior to state law. This means that federal laws take priority over conflicting state laws. The Supremacy Clause also covers pre-existing and future treaties, stating that these are also superior to state laws. However, federal statutes cannot automatically be assumed to prevent states from enacting their own regulations in the same area. For example, a federal statute that removes prior federal regulations in a particular area may be designed to benefit the free market, but this does not mean that Congress intends to prevent individual states from enacting their own regulations.
The Supreme Court has frequently invoked certain constitutional provisions when determining that Congress has exceeded its powers and infringed upon state sovereignty. For example, in District of Columbia v. Heller, the Court noted that during the 1788 ratification debates, there were fears that the federal government would disarm the people to impose rule. The Court's decision in this case reflected the concerns of America's founders about the danger to democracy posed by the federal government.
Another example of a federalism dispute is the COVID-19 pandemic, where federalism allowed states to combat the virus as they saw fit. This led to heated debates and disputes, but federalism allowed states to choose their methods of fighting the pandemic.
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Frequently asked questions
The Supremacy Clause is a part of the US Constitution that establishes federal law as superior to state law.
The Supremacy Clause ensures that federal laws and treaties take priority over conflicting state laws. It also allows for judicial review, which means that even duly enacted statutes do not supply rules of decision for courts if they are found to be unconstitutional.
The Supremacy Clause prevents conflicts by ensuring that federal laws and treaties supersede inconsistent state laws. This means that federal statutes can displace or preempt state laws, preventing any interference from states.
Preemption occurs when a federal statute or treaty takes precedence over a state law on the same subject. There are different types of preemption, including field preemption, conflict preemption, express preemption, and implied preemption.
Examples of preemption include the Voting Rights Act, which is an act of Congress that preempts state constitutions, and FDA regulations, which may preempt state court judgments in cases involving prescription drugs.
