In the United States, state and federal laws often interact in complicated ways. Both levels of government create their own laws, but the U.S. Constitution gives the federal government the final say in the law.
This means that federal laws always prevail over state laws. This helps to avoid conflicts between state and federal laws and keeps the United States, well, united.
The Supremacy Clause and the Doctrine of Preemption
The Supremacy Clause, found in Article VI of the Constitution, says that federal laws are more important than state laws.
The clause states:
“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, anything in the Constitution or Laws of any State to the contrary notwithstanding.”
This means that if a state law and a federal law disagree, the federal law will win. This is a very important rule in the American legal system. It helps to stop different states from having different laws that could confuse people and make things unfair.
Types of Conflicts Between State Law and Federal Law
There can be problems between state and federal laws in many areas, including:
1. Criminal Law
Some states have legalized recreational marijuana, but it is still illegal federally. This creates a difficult situation for people and business in those states.
2. Civil Rights
Federal civil rights laws protect people from discrimination. States can strengthen these protections, but they cannot weaken them. For example, if a state law allows discrimination, it may be illegal under federal law.
3. Environmental Regulations
States can have their own environmental rules that are stricter than federal rules. In these cases, states can enforce their laws as long as they do not go against federal regulations.
What is an example of a State Law Conflicting with Federal Law?
There have been many times when state and federal laws have disagreed. Today, you can still see this happening with some very important issues.
Same-sex marriage and marijuana use are two examples of laws that are different between states and the federal government.
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Marijuana Usage
Some states allow people to use marijuana for fun or for medical reasons, but it is still illegal under federal law. Only Washington and Colorado have made recreational marijuana legal. Many other states allow people to use medical marijuana if they have a doctor’s prescription.
This can cause problems in court because marijuana is still illegal under federal law. Even people who grow or have marijuana in the amounts allowed by their state can be arrested and prosecuted by the federal government.
Businesses that sell marijuana legally in their state cannot open bank accounts or accept credit cards because banks are not allowed to do business with them under federal law.
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Same-Sex Marriage
Marriage licenses are issued by local governments, so marriage is usually a state issue. Same-sex marriage is legal in many states, but not all. Federal law can sometimes override state laws.
In 2013, California voters passed a law to ban same-sex marriage. However, the federal government said this law was illegal, so it was overturned. The U.S. Supreme Court did not make a decision about this case.
In 2015, same-sex married couples in the United States were given the same federal benefits that married opposite-sex couples have, even if it is illegal under state law.
Summary
The federal government and the states share power in the United States. Federal laws are the highest authority, but states also have their own laws. Knowing about federal preemption helps us understand how these laws work together.
If you’re facing a legal problem, it’s often best to talk to a lawyer. They can help you understand your rights and options. If you need legal advice, consider getting in touch with the legal team at Edwards Sutarwalla Samani LLP. Call (713) 565-1353 to schedule a consultation.