Home More advice Politics & Law
This comes up over and over again. Our civil war was basically fought over this. The Southern states maintained that they had the right to ignore any federal law that they chose to. When the Supreme Court ruled that schools need to be desegregated in 1957 the Arkansas governor deployed the Arkansas National Guard to bar black students from attending an all-white school. President Eisenhower deployed Army troops and federalized the Arkansas National Guard to take command away from the Arkansas governor. In 1964 California passed a proposition to overturn laws against discrimination against minorities selling and renting homes. Ronald Reagan started to build a political following by supporting the California proposition that allowed land owners to discriminate against whoever they wanted. Opposing the Fair Housing Act helped propel Reagan to become California governor and later of course president. Currently states rights proponents demand the right for states to ignore federal statutes regarding capital punishment, euthanasia and medical use of marijuana
Federal law normally takes presidence over state law providing the federal law does not impede the states constitution. As I understand each state in the US is a soveigned state; therefore, they can choose what they wish to have in their constitution providing the act or article doesnot infridge the US Constitutional fundamental rights or Civil Liberties. But currently, we are having a war within our own country between the states and our federal government. I understood that the federal government was not created to dictate to each state on what they can and cannot do but to provide guidance and protection from one state taking over another state. This is not an easy question to answer with a YES or NO - because our times have changed and the courts have changed in viewing case law verses constitutional law - you will never know until you reach the Supreme Court - I think
Well a scandal might occur but I am sure it wouldn't be that big. There are so many people working for a state that any federal law they didn't follow must be a very small one because they have a lot of people working on projects and operations that have people researching and have prior knowledge to any federal law that could cause a scandal, harm to people, the state or anything within the state or neighboring states. Hope that helped :)
well let me ask - does that apply to politicians who solicte teenage pagers for sex? According to our state law - they did not charge Mr. Foley because he's to connected to the political structures of Florida - so how is the registry protection anyone - and in the name of public safty should he not have to register as a sex offender? I guess no since he wasnt - well again the powers that make the laws are above the laws - hmmm
Federal is not necessarily always the law of the land. the tenth ammendment in our constitution guarantees that. Where the federal government will get involved is in cases involving interstate commerce. When a state makes a law that affects the movement of goods and services from one state to another.
