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The federal government has priority when the relevant power has been granted to it by the states. See the Tenth Amendment, which is unfortunately read/followed
by sokoloff 3y ago
The federal government has priority when the relevant power has been granted to it by the states. See the Tenth Amendment, which is unfortunately read/followed only slightly more frequently than the Third.
- ajross 3y agoFWIW, that's not correct. The tenth amendment is a limitation on unenumerated powers. It says nothing about precedence of conflicting powers where those are enumerated. That's what the Supremacy clause is about, and it's abundantly clear: https://en.wikipedia.org/wiki/Supremacy_Clause https://en.wikipedia.org/wiki/Supremacy_Clause Not that it really matters here, since the relevant conflict is between state and municipal law. But the 10th amendment tends to be pretty badly misunderstood by internet libertarians, so it was an interesting digression.
- sokoloff 3y agoI agree with everything you wrote except your first sentence. What of what I wrote was incorrect in the context of the unbounded claim that “feds win”, particularly on a thread dealing with real estate zoning issues?