Do states always have to follow federal law?
Asked by: Dr. Buster Conroy | Last update: February 4, 2026Score: 4.5/5 (26 votes)
No, states don't always have to follow federal law in every instance, but the U.S. Constitution's Supremacy Clause makes federal law the "supreme Law of the Land," meaning federal law generally overrides conflicting state laws, establishing federal authority in areas of congressional power. States cannot nullify federal laws, but they can sometimes decline to actively enforce them due to anti-commandeering principles, creating ongoing tension in areas like immigration or marijuana legalization where state and federal laws clash.
Do states have to follow federal laws?
Within the Supremacy Clause is the doctrine of “preemption” which states that in many (but not all) cases of conflicting laws, federal supersedes state law.
Does federal law apply to every state?
Federal laws are rules that apply throughout the United States. These laws apply in every state, such as: Immigration law. Bankruptcy law.
Can state law ever override federal law?
The Supremacy Clause refers to the foundational principle that, in general, federal law takes precedence over any conflicting state law.
Are states bound by federal law?
'” 23 State courts are bound then to give effect to federal law when it is applicable and to disregard state law when there is a conflict; federal law includes, of course, not only the Constitution and laws and treaties but also the interpretations of their meanings by the United States Supreme Court.
Supreme Court Delivers 9–0 Unanimous Ruling With Major Constitutional Impact (What Comes Next)
What is the idea that a state can ignore a federal law?
Nullification and the Supreme Court. Nullification refers to the idea that states have the right to invalidate federal laws they believe exceed the powers granted to the national government by the Constitution.
What state is 80% owned by the government?
The state where the U.S. government owns around 80% of the land is Nevada, with federal ownership being as high as 80.1%, making it the highest percentage of any U.S. state, primarily managed by agencies like the Bureau of Land Management (BLM).
Can something be federally legal but illegal in a state?
The answer is fairly simple: you are dealing with two different jurisdictions. As an example you can look to recent arrests and drug busts of vendors in Calirfornia by federal authorities despite the fact that the State of California has legalized possession under certain quantities.
Which state tried to nullify federal laws?
Nullification Crisis, in U.S. history, confrontation between the state of South Carolina and the federal government in 1832–33 over the former's attempt to declare null and void within the state the federal Tariffs of 1828 and 1832.
Who can overturn a federal law?
The Justices of the Supreme Court, nominated by the president and confirmed by the Senate, can overturn unconstitutional laws.
What are the 5 things states Cannot do?
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title ...
Who has higher authority, federal or state?
Even without an express preemption provision, federal laws take priority over state laws if the two come into conflict. This is due to the “Supremacy Clause” in Article VI of the Constitution. It names the U.S. Constitution as “the supreme law of the land,” along with federal laws written under its authority.
Can states refuse to enforce federal immigration laws?
administer or enforce a federal regulatory program.” While state and local authorities are under no legal obligation to enforce federal immigration laws, several states and cities have codified their resistance to such federal legislation by passing “sanctuary” laws.
What happens if a state does not comply with federal law?
Thus, the federal courts have held that under the Constitution, federal law is controlling over state law, and the final power to determine whether federal laws are unconstitutional has been delegated to the federal courts. The courts therefore have held that the states do not have the power to nullify federal law.
What does federally illegal mean?
In the United States, a federal crime or federal offense is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and United States House of Representatives and signed into law by the president.
Who can overrule the Constitution?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
When a state refuses to follow a federal law, it is called?
States can refuse to enforce federal laws through interposition or nullification, but courts generally uphold federal laws due to the Supremacy Clause. Historical examples show that while states have made claims to challenge federal authority, such claims are rarely successful in courts.
Which political leader said that states could nullify a federal law?
Calhoun, following Jefferson, argued that states could “veto” federal acts they judged to exceed the federal government's limited powers because the Constitution was a “compact” among sovereign states. Unlike Adams, however, President Andrew Jackson forcefully denounced the theory of nullification.
Can federal laws be declared unconstitutional?
Because the Constitution is the Supreme Law of the Land, the Court held that any contradictory congressional Act is without force. The ability of federal courts to declare legislative and executive actions unconstitutional is known as judicial review.
Can state police enforce federal law?
[T]he Fourth Amendment does not prevent state officers from enforcing federal law.
Does a federal law apply to all states?
A federal law applies to the nation as a whole and to all 50 states, the District of Columbia and all U.S. territories.
What does prop 64 actually do?
Proposition 64 decriminalizes cannabis under state law, for use by adults 21 or older. Cannabis cannot be used in public, and adults 21 and over are limited to possession of 28.5 grams of cannabis or 8 grams of concentrate. Adults 21 and over can grow up to six plants in a private residence.
What states pay more federal taxes than they receive?
Which states send more to the federal government than they receive? In terms of net contributions, 19 states sent more to the federal government than they received in 2024. The largest gaps were in California ($275.6 billion), New York ($76.5 billion), and Texas ($68.1 billion).
Can you buy land from the federal government?
Real estate and federal lands for sale by the government
Government agencies sell real estate and federal lands either by auction or offer. Federal agencies acquire these properties through foreclosure, forfeiture, or failed banks.
Who controls states in the USA?
A U.S. state is run by an elected Governor as the chief executive, supported by a state legislature (Senate and House/Assembly) and other elected officials like the Lieutenant Governor, Attorney General, and Secretary of State, all operating with three branches (Executive, Legislative, Judicial) similar to the federal government.