Why must state legislation follow both state and U.S. constitutions?
State legislation must comply with both state and U.S. constitutions because these documents serve as the supreme legal frameworks that define and limit the powers of government.12
Under the principle of limited government, legislative bodies are constrained by constitutional principles. In the United States, the U.S. Constitution, along with federal laws and treaties, is the supreme law of the land. Consequently, any state statute that conflicts with the federal Constitution or federal law is considered unenforceable. Courts are obligated to refuse to enforce such legislation, and the U.S. Supreme Court serves as the final arbiter regarding conflicts between state laws and federal power.21
Additionally, state legislation must adhere to the specific provisions of its own state constitution. While the U.S. Supreme Court has the final say on federal constitutional issues, the supreme court of each state holds the final authority regarding whether a state statute complies with that state's own constitution. This structure ensures that all laws remain within the boundaries established by the people through their written constitutions.12