Before the US constitution was created a state had more power than the federal government. To create a constitution with a framework of a national government, the states had to give up some powers to the federal government (Darrell 7). This was in turn to ensure that no part of the government was powerful than the other. Where as the federal government has power to regulate trade, control the currency, tax the citizens raise armies and declare war, the state government has powers to regulate trade within its borders and the pass and enforce laws.
The 11th amendment of the US constitution has been used to grant the state immunity from being sued whereas 14th amendment bars the state from bridging immunities or privileges of the citizens. This is to mean that the federal government has the supreme powers over the state government. The constitution created and defined the federal government is a compact that was empowered by the proceeding of the state who were independent nations initially. After the declaration of independence in the 4th of July 1977 the state also became independent (Calabresi 12).
The most the event of a disagreement between the state and the federal government there will be a conflict of the law. The most common clash is the clash between the state and the federal government on the legalization of marijuana. In 1996, California was the first state permitted the cultivation and possession of marijuana for medicinal purposes. Many states followed suit thereafter (Mikos 45). On the other hand, patients who are issued with marijuana medical card are violating the federal laws. Given the divide jurisdiction between the state and federal sovereignty, it is not always to make federal laws in certain areas. It is the work of the judicial branch through the interpretation of the constitution to define the split.
Calabresi, Guido. “Federal and State Courts: Restoring a Workable Balance.” NYUL Rev. 78 (2003): 1293.
West, Darrell M. “State and federal e-government in the United States, 2001.” (2001).
Mikos, Robert A. “On the limits of supremacy: Medical marijuana and the states’ overlooked power to legalize federal crime.” Vand. L. Rev. 62 (2009): 1419.