Understanding the Difference Between Federal and State Law

The United States Constitution is the foundation of federal law, which is the supreme law of the land in the United States. Federal laws are decided by the Legislative Branch of the federal government (Congress) and pertain to the entire nation. Congress may also pass legislation to enact new federal laws and amendments to the Constitution. The federal courts, including the US Supreme Court, uphold federal law, which includes matters that fall into immigration law, bankruptcy law, civil rights law, and social security law.

State laws are laws that have been adopted by a state legislature and signed into law by the state governor. State laws apply to people who live in or are passing through that area. If a state law is in conflict with federal law, federal law is upheld. The purpose of state law is to grant citizens within a state additional rights that are not explicitly granted by federal law, rather than to restrict rights granted by federal law. State courts have jurisdiction over matters like criminal law, real estate law, and welfare matters.

There are some important distinctions between the adoption and execution of federal and state laws:

• Creation: New federal laws must be approved by both houses of Congress and signed into law by the president. State laws are implemented by the state legislature and confirmed by the state governor.
• Hierarchy: The Supremacy Clause in Article VI of the Constitution states that federal law cannot be impeded or restricted by any state law.
• Extension of rights: If a particular state law grants additional rights to citizens that wouldn’t otherwise be granted by federal law, state law wins out. The purpose of state law is to add to the list of citizens’ rights granted by federal law, rather than limit them.
• Extra responsibilities: If a person fails to perform a responsibility dictated by state law that doesn’t happen to be part of federal law, state law prevails.

On occasion, federal and state law can come into conflict. An example of the tension between federal and state law includes the possession and distribution of cannabis, which is considered a controlled substance at the federal level, making production and distribution federally illegal. However, certain states such as California, New York, and Arizona, have legalized recreational or medical marijuana. Federal regulation still permits law enforcement to arrest or prosecute distributors of cannabis, even once the state has legalized marijuana.

Get the MasterClass Annual Membership for exclusive access to video lessons taught by the world’s best, including Doris Kearns Goodwin, Ron Finley, Jane Goodall, Neil deGrasse Tyson, and more.