4 ms·

Just because there’s a jurisdictional overlap doesn’t make it illegal at state level.

salawat 4y ago
Federal law supercedes State law. That is why the Constitution is "the highest law of the Land". It's also why so much is pushed for to be done at the Federal level, because it completely sidesteps the chance for States to make their own local laws on the matter. The danger there, is that as it turns out, different places/populations have different views on things, which often do not exactly line up with D.C.'s. Hence why Federal overreach side of things has been a hot button topic in politics for decades.
- sgjohnson 4y ago
  But it doesn’t. The states are free to ignore federal law. Yes, the states can’t stop the feds from doing enforcement themselves, but it would be basically unprecedented outside of a few limited examples. So no, the line is definitely not as clear as “federal law supersedes state law, period.” It’s a lot more nuanced than that, and in practice, in most situations it’s the state law that reigns supreme.
- Dylan16807 4y ago
  The constitution is above both federal and state laws, which are much more on par than you're suggesting.
  - dragonwriter 4y ago
    > The constitution is above both federal and state laws, The Constitution is a subset of federal law > which are much more on par than you're suggesting. The Constitution disagrees; Art VI ¶ 2: 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
    - Dylan16807 4y ago
      > The Constitution is a subset of federal law I said "laws" specifically so the ambiguity you are using would not exist.

Federal law supercedes State law. That is why the Constitution is "the highest law of the Land". It's also why so much is pushed for to be done at the Federal level, because it completely sidesteps the chance for States to make their own local laws on the matter. The danger there, is that as it turns out, different places/populations have different views on things, which often do not exactly line up with D.C.'s. Hence why Federal overreach side of things has been a hot button topic in politics for decades.

sgjohnson 4y ago
But it doesn’t. The states are free to ignore federal law. Yes, the states can’t stop the feds from doing enforcement themselves, but it would be basically unprecedented outside of a few limited examples. So no, the line is definitely not as clear as “federal law supersedes state law, period.” It’s a lot more nuanced than that, and in practice, in most situations it’s the state law that reigns supreme.
Dylan16807 4y ago
The constitution is above both federal and state laws, which are much more on par than you're suggesting.
- dragonwriter 4y ago
  > The constitution is above both federal and state laws, The Constitution is a subset of federal law > which are much more on par than you're suggesting. The Constitution disagrees; Art VI ¶ 2: 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, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
  - Dylan16807 4y ago
    > The Constitution is a subset of federal law I said "laws" specifically so the ambiguity you are using would not exist.