You are right. As with most issues presented for review in our legal system it is a matter of balancing the interests of the parties to the litigation and fashioning a remedy that will best serve the competing interests of the state and federal governments. Although the supremacy clause of the Constitution provides that federal law supersedes state law in the event of a conflict and certain areas have been pre empted for exclusive federal regulation, accomodation (comity) of state law has been a concern of the federal government since the beginning. There are a number of very legitimate ways that the state can accomplish its objectives and still comply with federal law. The exercise of the states' police power with respect to the commerce clause is only one. It is one of the oldest though. There were other cases in which one of the western states outlawed polygamy in the 19 th century. It was challenged in courts as a violation of the Constitutional guaranty of freedom of religion. The court ruled that American citizens are free to believe in whatever religion they pleased. However, if the practice of that religion involved a danger to the health, morals or well being of the states's citizens, the state was free to exercise its police power to prohibit the dangerous practice, but was not free to infringe on the belief in the religion.

Another manner in which the state may regulate an area of its citizens conduct is to enact a state counterpart to the federal legislation. An example of this is RICO (Raqueteering Influenced and Corrupt Organizarions Act). Here in Connecticut we have a similar state statute CORA (Corrupt Organizations and Raqueteering Act). In certain situations the federal statute provides the minimum requirements. As long as the states enact legislation meeting the federal minimum requirements there may be additional room for the state to supplement the federal law with additional requirements, provided no other Constitutional guarantees are violated by the state.

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