Structure:

Federal Government: Has three branches -

• Executive (President)

• Legislative (Congress - the Senate and House of Representatives),

• Judicial (Supreme Court).

State Government: Also has three branches:

• Executive (Governor),

• Legislative (Senate and Assembly),

• Judicial (State Courts)

Jurisdiction:

Federal Government: Has authority over national matters, such as foreign affairs, immigration, and national defense.

State Government: Handles issues within our state, such as education, transportation, public safety, health care, and housing.

Constitutional Authority:

Federal Government: Operates under the U.S. Constitution, which outlines its powers and limitations.

State Government: Functions under our state constitution, which provides specific powers and responsibilities that fall within our state.

Laws and Regulations:

Federal Government: Enacts laws that apply nationwide. Federal laws can override state laws in areas of concurrent jurisdiction - the powers shared by both federal and state governments. At the same time the federal government can decide that some issues should be handled by the state government, such as the legalization of marijuana and family leave.

State Government: Enacts laws specific to the state. States have the authority to regulate local issues as long as they don’t conflict with federal laws. The State Legislature can also create laws that provide additional benefits or protections over federal law.

Taxation:

Federal Government: Collects income tax, corporate tax, and other national taxes, money that is often returned to the state to help fund things like infrastructure and snap benefits.

State Government: Collects state income tax, sales tax, property tax, and various fees, that again are used to fund state and local projects determined by the State Budget.

Interstate Relations:

Federal Government: Manages relations between states and regulates commerce across state lines.

State Government: Manages relationships with local governments and coordinates policies with neighboring states.

Political Representation:

Federal Government: Representation is based on population in the House and equal representation in the Senate (two senators per state).

State Government: Representation based on population and legislative districts. Each legislative district has one Senator and two Assembly people.

These differences ensure that both levels of government can effectively address their respective responsibilities while working together on issues that span both state and national interests.

State government authority, protecting State’s interests:

State Governments have several legal and constitutional tools at their disposal to protect their interests and assert their authority in the face of federal laws they believe to be overreaching or unconstitutional.

Challenge Federal Laws in Court (Judicial Review)

• State Courts and Federal Courts: States can challenge federal laws they believe infringe upon their rights or powers. If a state believes a federal law violates the U.S. Constitution, it can file a lawsuit in federal court. The courts will then determine whether the law is constitutional.

• Amicus Curiae Briefs: States can also participate in cases brought by other parties by filing "amicus curiae" briefs (friend of the court briefs), where they argue their position in support of or against a particular legal interpretation of federal law.

2. Refuse to Enforce Federal Laws (Nullification or Noncompliance)

• Non-Compliance: States can pass laws that refuse to cooperate with or enforce certain federal laws. For example, in some cases, states have chosen not to implement federal laws they find objectionable, such as laws on marijuana legalization (where some states have legalized marijuana despite federal prohibition) or federal immigration policies.

• Nullification (Controversial and Risky): Historically, the concept of "nullification" suggests that a state can declare a federal law unconstitutional and refuse to enforce it. However, this idea has been widely rejected by the courts and is considered unconstitutional. The Supreme Court's rulings have consistently upheld the supremacy of federal law over state law.

3. Use of State Sovereignty (10th Amendment)

• 10th Amendment Defense: The 10th Amendment to the U.S. Constitution reserves powers not granted to the federal government for the states or the people. States can argue that certain federal actions infringe on their reserved powers, particularly if the federal government is acting beyond its constitutional authority.

• Federalism Doctrine: States can invoke the principles of federalism to protect state authority. The Supreme Court has occasionally ruled in favor of states asserting their rights under the 10th Amendment, particularly in cases involving the limits of federal power.

4. Enact State Laws to Counteract Federal Laws

• State Legislation: States can pass their own laws that directly challenge or conflict with federal laws. For example, if the federal government mandates certain actions that a state believes are harmful to its citizens, the state could pass legislation that makes the enforcement of that federal law more difficult or less likely. This could include providing legal protection to individuals or entities that defy federal laws.

• Sanctuary Policies: States or local governments may adopt "sanctuary" policies to protect individuals from federal immigration enforcement. These policies typically limit state or local cooperation with federal authorities, particularly when it comes to arresting and detaining individuals based on federal immigration law.

5. Request a Constitutional Amendment

• Amend the Constitution: If a state or group of states believes a federal law is fundamentally unconstitutional, they can push for a constitutional amendment. The Constitution provides a mechanism for amendments either through Congress or through a constitutional convention called by the states (though the latter has never been used). However, this process is extremely difficult and requires broad political consensus.

6. Political and Legislative Pushback

• Advocacy and Lobbying: States can advocate for changes to federal laws through the legislative process. Governors and state lawmakers can lobby Congress to change or repeal federal laws they oppose. States with large political influence may work through alliances or coalitions to shape federal law in a direction that aligns more closely with state interests.

• Interstate Compacts: States can enter into interstate compacts or agreements to address shared issues or concerns, sometimes bypassing federal jurisdiction or creating regional solutions. These agreements must be approved by Congress under the Constitution, but they allow states to address issues collectively.

7. State Executive Orders or Actions

• Governor's Executive Orders: State governors may issue executive orders to direct state agencies to refuse to comply with certain federal directives, or to implement state policies that counteract federal mandates.

• State National Guard Use: Governors can also use the state's National Guard to take actions in response to federal government directives, although this is generally limited and subject to the broader framework of federal control over the military.

8. Political Advocacy (States and the Federal Legislature)

• Electing Federal Representatives: States can work to elect U.S. senators and representatives who align with their values and interests in order to influence federal legislation. While this doesn't directly block a federal law, electing officials with a favorable stance can help alter federal policy over time.

9. State Resistance through Public Opinion and Activism

• Public Engagement and Activism: States can organize public campaigns to build popular support against federal laws. Mobilizing public opinion can create political pressure on federal lawmakers, encouraging them to reconsider or modify the federal laws in question.

Conclusion

The balance of power between state and federal governments is central to the structure of U.S. governance, and states have various tools at their disposal to protect their interests against federal overreach. However, many of these actions are subject to judicial review, and courts, particularly the U.S. Supreme Court, have the final say on disputes over the Constitution and the limits of federal and state authority. In practice, the most effective and sustainable methods often involve judicial challenges or legislative lobbying rather than outright defiance of federal law.