Dual Federalism Research Paper

What can states do to counter the power of the federal government? States have a special relationship with the federal government. There are many things a state may do to contradict federal laws or rules, but the federal government also has the Article six clause two as a trump card to be the final word. Below I will discuss a few things states my do to counter the power of the federal government and use an example of one state that is defying federal law. States and the federal government are run by the idea of Dual Federalism. Dual Federalism is defined Lenz (n.d.) “by the idea that the national and state governments had power over different areas of public policy, and that each level of government was supreme in its field.” States can also flex their use
Nullification is described by The Tenth Amendment Center (n.d.) as “Any act or set of acts which renders a law null, void or just unenforceable.” States can enact laws that contradict the federal laws, but the federal government can use article six of the constitution clause two. Article six clause two 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.” Article VI (n.d.) What this means in layman’s terms is that states may do what they want, but the federal government can still come into the state and uphold their federal laws. This is what is happened with marijuana in the state of Colorado. Colorado passed amendment sixty-four which allows “in the interest of the efficient use of law enforcement resources, enhancing