3 ms·

Maybe it's the EU citizen in me, but I just done understand how this is possible? Isn't it legal in that state? So how can you face jail time? It almost sounds

by rmc 14y ago

Maybe it's the EU citizen in me, but I just done understand how this is possible? Isn't it legal in that state? So how can you face jail time? It almost sounds like there are 2 legal systems and rules if law that operate in one physical area! And something can be legal in one, and illegal in another. But that can't be right, that sounds insane. What's the point of state law then? Can someone explain this like I'm 5?

nessus42 14y ago
Federal law overrides State law, just as State law overrides county law, which overrides city or town law. In this case, one would think the Federal government would have more important laws to enforce.
chc 14y ago
There are many legal systems that operate in any given area. The federal government has its laws, your state has its laws, and then your county and city have their say too. Very often these laws match pretty well (either the lower jurisdiction implements compatible laws or they just leave it up to the feds), but sometimes there is conflict. The state and federal line is the brightest, as prosecution of federal crimes goes through different channels than the prosecution of state-level crimes. There is some debate as to whether federal or state laws should take precedence here, though the argument is kind of academic, as it's obvious the federal government wins in real life. From a constitutional standpoint, there's a decent case for the state's laws superseding the federal, but I mean, the state can't really stop the feds from arresting people for breaking federal law.
allerratio 14y ago
Federal law breaks state law. It's the same in federal countries of the EU. In Germany for example there are several laws where federal law overrides state law. For example the [Constitution of Hesse](http://en.wikipedia.org/wiki/Constitution_of_Hesse http://en.wikipedia.org/wiki/Constitution_of_Hesse) allows death sentences but is overruled by the German Constitution (the "Grundgesetz")
- arethuza 14y ago
  Even the UK (or at least parts of it) has this structure - where I am we have Scots laws, then UK laws then EU laws. Appeals can go from local courts to the UK Supreme Court and to the EU European Court of Justice.
  - rwmj 14y ago
    I hate to say it, but there are more levels of law than that :-( (1) The council can introduce bylaws which cover a single area (eg. a park). (2) All sorts of national organizations have their own bylaws (eg. the railways, canals). (3) You can even have "laws" affecting individual houses (they are called "covenants"). eg. my house has a binding covenant that stops me from keeping chickens. BTW the EU isn't really a law maker as such. Our contract with being in the EU means that we implement the EU directives, but in theory we could refuse -- the EU would fine us and/or kick us out if we did this.
    - bscanlan 14y ago
      "BTW the EU isn't really a law maker as such. Our contract with being in the EU means that we implement the EU directives, but in theory we could refuse -- the EU would fine us and/or kick us out if we did this." Incorrect. Directives do exist, and they are transcribed by members into national law. However, Regulations have immediate effect across all member states, no transposition required: http://en.wikipedia.org/wiki/Regulation_(European_Union) http://en.wikipedia.org/wiki/Regulation_(European_Union) Also, there is no mechanism in the current treaties to throw out a member from the EU - all members must agree for a member to leave the EU. Fines do exist for non-enforcement of EU law though.
- eru 14y ago
  A more practical example was the court case that allowed female soldiers to serve with weapons in Germany. It went all the way up to European level, and there they overturned German law.
  - allerratio 14y ago

by rmc 14y ago

nessus42 14y ago

Federal law overrides State law, just as State law overrides county law, which overrides city or town law. In this case, one would think the Federal government would have more important laws to enforce.

chc 14y ago

There are many legal systems that operate in any given area. The federal government has its laws, your state has its laws, and then your county and city have their say too. Very often these laws match pretty well (either the lower jurisdiction implements compatible laws or they just leave it up to the feds), but sometimes there is conflict. The state and federal line is the brightest, as prosecution of federal crimes goes through different channels than the prosecution of state-level crimes. There is some debate as to whether federal or state laws should take precedence here, though the argument is kind of academic, as it's obvious the federal government wins in real life. From a constitutional standpoint, there's a decent case for the state's laws superseding the federal, but I mean, the state can't really stop the feds from arresting people for breaking federal law.

allerratio 14y ago

Federal law breaks state law. It's the same in federal countries of the EU. In Germany for example there are several laws where federal law overrides state law. For example the [Constitution of Hesse](http://en.wikipedia.org/wiki/Constitution_of_Hesse http://en.wikipedia.org/wiki/Constitution_of_Hesse) allows death sentences but is overruled by the German Constitution (the "Grundgesetz")

arethuza 14y ago
Even the UK (or at least parts of it) has this structure - where I am we have Scots laws, then UK laws then EU laws. Appeals can go from local courts to the UK Supreme Court and to the EU European Court of Justice.
- rwmj 14y ago
  I hate to say it, but there are more levels of law than that :-( (1) The council can introduce bylaws which cover a single area (eg. a park). (2) All sorts of national organizations have their own bylaws (eg. the railways, canals). (3) You can even have "laws" affecting individual houses (they are called "covenants"). eg. my house has a binding covenant that stops me from keeping chickens. BTW the EU isn't really a law maker as such. Our contract with being in the EU means that we implement the EU directives, but in theory we could refuse -- the EU would fine us and/or kick us out if we did this.
  - bscanlan 14y ago
    "BTW the EU isn't really a law maker as such. Our contract with being in the EU means that we implement the EU directives, but in theory we could refuse -- the EU would fine us and/or kick us out if we did this." Incorrect. Directives do exist, and they are transcribed by members into national law. However, Regulations have immediate effect across all member states, no transposition required: http://en.wikipedia.org/wiki/Regulation_(European_Union) http://en.wikipedia.org/wiki/Regulation_(European_Union) Also, there is no mechanism in the current treaties to throw out a member from the EU - all members must agree for a member to leave the EU. Fines do exist for non-enforcement of EU law though.
eru 14y ago
A more practical example was the court case that allowed female soldiers to serve with weapons in Germany. It went all the way up to European level, and there they overturned German law.
- allerratio 14y ago