3 ms·

states cannot override any federal law. the federal government merely tolerates the semi-autonomous nature of states in order to maintain order. but the legali

states cannot override any federal law. the federal government merely tolerates the semi-autonomous nature of states in order to maintain order. but the legality of the federal government's supremacy is well evolved, its power and might is extremely disproportionally higher than any collective of states, and at this point the semi-autonomous nature of states is pure fiction as the federal government can assume jurisdiction over any intra-state matter if it wanted to through its interstate commerce laws. yes, federal level law enforcement can theoretically charge someone in a cannabis-legal state for drug offenses. this still happens. the discretion of the words of the President, the heads of the DEA and DOJ prevent the MAJORITY of it from happening and also guide the discretion of the courts and public sympathy. so right now, for the last two administrations it has not been a priority to upset the social order in cannabis-legal states. but it can still happen.

UncleEntity 8y ago
> states cannot override any federal law. Not actually true: https://en.wikipedia.org/wiki/Nullification_(U.S._Constitution) https://en.wikipedia.org/wiki/Nullification_(U.S._Constituti...
- deltateam 8y ago
  > not actually true a concept which requires agreement from the federal courts themselves, who have never upheld a single argument related to this concept. not actually what?
  - is_this_valid2 8y ago
    Selective incorporation: https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_R... 10th Amendment: https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_... > The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be a truism by the Supreme Court. Supremacy clause: https://en.wikipedia.org/wiki/Supremacy_Clause https://en.wikipedia.org/wiki/Supremacy_Clause > The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.[1] It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.[2] In essence, it is a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law Natural rights ('inalienable rights': Equal rights, Life, Liberty, pursuit of Happiness): https://en.wikipedia.org/wiki/Natural_and_legal_rights https://en.wikipedia.org/wiki/Natural_and_legal_rights 9th Amendment: https://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_States_Constitution https://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_... > The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights. If the 9th Amendment recognizes any unenumerated rights of the people (with Supremacy, regardless of selective incorporation), it certainly recognizes those of the Declaration of Independence ((secession from the king ('CSA')), Equality, Life, Liberty, pursuit of Happiness), our non-binding charter which frames the entirety of the Constitutional convention
    - deltateam 8y ago
      All of these things have been interpreted by the courts and their conclusion was not like yours It is nice that you are interested in these things, but they simply cannot be read verbatim and then extrapolated to other things. This isn't educational for anybody, this is a view that lacks all consensus and all avenues to ever garner consensus in this country.
      - westurner 8y ago
        Again, I ask you to explain how the current law grants equal rights. https://news.ycombinator.com/item?id=17401906 https://news.ycombinator.com/item?id=17401906 > We tend to have issues with Equal rights/protections: slavery, voting rights, [school] segregation. Please help us understand how to do this Equally: >> Furthermore, (1) write a function to determine whether a given Person has a (natural inalienable) right: what information may you require? (2) write a function to determine whether any two Persons have equal rights. Abolitionists faced similar criticism from on high.

UncleEntity 8y ago

> states cannot override any federal law. Not actually true: https://en.wikipedia.org/wiki/Nullification_(U.S._Constitution) https://en.wikipedia.org/wiki/Nullification_(U.S._Constituti...

deltateam 8y ago
> not actually true a concept which requires agreement from the federal courts themselves, who have never upheld a single argument related to this concept. not actually what?
- is_this_valid2 8y ago
  Selective incorporation: https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_Rights https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_R... 10th Amendment: https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_States_Constitution https://en.wikipedia.org/wiki/Tenth_Amendment_to_the_United_... > The Tenth Amendment, which makes explicit the idea that the federal government is limited to only the powers granted in the Constitution, has been declared to be a truism by the Supreme Court. Supremacy clause: https://en.wikipedia.org/wiki/Supremacy_Clause https://en.wikipedia.org/wiki/Supremacy_Clause > The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.[1] It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.[2] In essence, it is a conflict-of-laws rule specifying that certain federal acts take priority over any state acts that conflict with federal law Natural rights ('inalienable rights': Equal rights, Life, Liberty, pursuit of Happiness): https://en.wikipedia.org/wiki/Natural_and_legal_rights https://en.wikipedia.org/wiki/Natural_and_legal_rights 9th Amendment: https://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_States_Constitution https://en.wikipedia.org/wiki/Ninth_Amendment_to_the_United_... > The Ninth Amendment (Amendment IX) to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights. If the 9th Amendment recognizes any unenumerated rights of the people (with Supremacy, regardless of selective incorporation), it certainly recognizes those of the Declaration of Independence ((secession from the king ('CSA')), Equality, Life, Liberty, pursuit of Happiness), our non-binding charter which frames the entirety of the Constitutional convention
  - deltateam 8y ago
    All of these things have been interpreted by the courts and their conclusion was not like yours It is nice that you are interested in these things, but they simply cannot be read verbatim and then extrapolated to other things. This isn't educational for anybody, this is a view that lacks all consensus and all avenues to ever garner consensus in this country.
    - westurner 8y ago
      Again, I ask you to explain how the current law grants equal rights. https://news.ycombinator.com/item?id=17401906 https://news.ycombinator.com/item?id=17401906 > We tend to have issues with Equal rights/protections: slavery, voting rights, [school] segregation. Please help us understand how to do this Equally: >> Furthermore, (1) write a function to determine whether a given Person has a (natural inalienable) right: what information may you require? (2) write a function to determine whether any two Persons have equal rights. Abolitionists faced similar criticism from on high.