Can A State Refuse To Enforce A Federal Law

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7 hours ago This legislation doesn’t claim that any new gun law would be unconstitutional, it merely says that no state officers will enforce it. If the feds want it enforced, that’s up to them.

1. Author: Kevin Drum
Estimated Reading Time: 2 mins

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Posted in: Constitutional LawShow details

2 hours ago Answer (1 of 27): > Can a US State refuse to follow Federal law? TL;DR: Legally, no; Practically, it depends. In the run up to the civil war, one controversy was over the concept of nullification. Basically, the idea was that states could simply declare a federal law to be inapplicable within t

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3 hours ago United States, the Supreme Court ruled that the federal government could not command state law enforcement authorities to conduct background checks …

Estimated Reading Time: 5 mins

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7 hours ago STATE ENFORCEMENT OF FEDERAL LAW consumers, such as the recent Dodd-Frank financial overhaul bill.6 Proponents of state enforcement emphasize its potential to buttress federal efforts by putting more "cops on the beat."'7 But state enforce-ment does not just intensify public enforcement of federal law, it changes it.

1. 6
Publish Year: 2011
Author: Margaret H. Lemos
Created Date: 3/6/2012 8:43:03 AM

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Posted in: Consumer LawShow details

6 hours ago There are two basic levels in the U.S legal system: federal law and state law. A federal law applies to the nation as a whole and to all 50 states whereas state laws are only in effect within that particular state. Advertisement. If a state law gives people more rights than a federal law, the state law is legally supposed to prevail.

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5 hours ago As for enforcing duly enacted legislation, the case become a little more muddy. The President takes an oath to faithfully execute the laws of the United States. As important, if not more important, that oath also specifies that they uphold the Constitution. That is one “out” for the Executive branch- they can refuse to enforce a law if they

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3 hours ago Thanks to the Tenth Amendment, the federal government cannot force states to help them enforce federal law. It is also limited in its ability to use conditional spending grants to do so. In a recent LA Times op ed, prominent lawyer David Rivkin and legal scholar Elizabeth Price Foley argue that Trump will have much broader power to force

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6 hours ago that are virtually identical, in which case the federal law may "supersede" the state law -- this is the constitutional principle of federal "supremacy". On the other hand yes federal law applies in every state, but remains federal law. And do local law enforcement officials have the right to arrest and ticket you for violation of certain

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9 hours ago A proposed bill would make it a felony to enforce federal gun control laws, fact first used to nullify the Federal Fugitive Slave Law of 1850 which forced free states to return slaves to

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7 hours ago At the same time, cannabis remains a Schedule I drug under the federal Controlled Substances Act, meaning that any use or possession of the drug is illegal under federal law. How then can states legalize any form of marijuana, whether recreational or medical, without facing sanctions from the federal government?

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Just Now State laws only govern the citizens within a particular state, but federal laws apply to all U.S. citizens. When state and federal laws clash, think of the federal law as the trump card. In theory, a state law that goes against federal law is null and void, but in practice, there's a bit more of a gray area.

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Just Now And if enough states nullify the law, the feds are powerless to enforce it. The best example is the Real ID Act signed into law in 2005, essentially, it is “null and void” because a majority of the states refuse to comply.

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3 hours ago But California disagrees, saying that in Arizona the law mandated actions in contravention to federal law and that in California what the law does is simply tell enforcement officers not to act.

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2 hours ago When safety, privacy, drug use, and medical treatment intersect, the matter can quickly become complex. The Supremacy Clause of the United States Constitution establishes that state laws are subordinate to federal laws and regulations. Put simply, federal law governs state law; however, this is only the case when federal and state laws conflict

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2 hours ago Answer (1 of 8): The Federal government would have the option of charging the governor with the crime (unlikely, but possible), or seeking a court order or injunction, Which is politically safer, because the state has an opportunity to argue their objections in court before an independent third p

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7 hours ago Answer (1 of 12): TL;DR: Yes. All of the previous answers are either partially correct or contain inaccuracies. First caveat is that everything depends on the state/US District that you are enforcing law in and the courts in which you have standing. I can only speak about the one I have been a

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8 hours ago "There are whole sanctuary county, city, and state movements, and those are essentially saying 'Hey, we can shield immigrants from the federal law,'" Mace says. "They're picking and choosing which laws they want to follow as a state, so we're thinking as a county, why can't we take this back to our commissioners and say we're going to draft a

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8 hours ago Generally speaking, the law is enforced through the balance of powers and federalism, with state and federal legislators, executives, and judges having various roles assigned by constitution or statute. It's too complex to reduce all laws and actions to a single formula, except to say that multiple parties have various parts to play in

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8 hours ago The question has arisen as to whether the federal statute preempts a state law which deems it a criminal offense to charge interest at a rate in excess of that specified in the state law. (b) In the Office's view, section 501 preempts all state laws which expressly limit the rate or amount of interest chargeable on a federally-related

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9 hours ago The Cato Institute’s Ilya Shapiro recently spoke at the Law School concerning the status of relaxed state marijuana laws in light of the federal Controlled Substances Act’s continued prohibition of activities that these state laws now allow. This is a timely question with, it turns out, a less-than-certain answer. More precisely, it demands an answer that is more nuanced, and less

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9 hours ago Can States Opt Out of the New Federal Health Care Law? In an earlier episode, Is the Health Care Law Unconstitutional, I explained some of the arguments for and against the constitutionality of the new health care law. Well, a number of state legislatures have apparently decided that the law is not constitutional.

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Posted in: Constitutional Law, Health LawShow details

7 hours ago Bar state level (and lower) law enforcement agencies from providing any level of aid or cooperation with federal agents attempting to enforce the law. Bar any state-level funding or computer systems to be used to aid in the tracking, apprehension, surveillance, or prosecution of …

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Just Now Yes, freely agreed upon mutual cooperation. The question is whether local and state LE should HAVE to enforce Federal law. The answer is simply no, for costs reasons as well as potential disagreement with the USFG laws. They have a budget of 4 …

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1 hours ago The federal government can send in the military. In 1963 the Alabama National Guard was federalized to ensure desegragation at the University of Alabama.If it …

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6 hours ago A number of restrictions on state powers and actions are specified by the Federal Constitution, and a number of others are imposed by Federal law. (the Federal courts have found implied restrictions beyond the explicitly stated ones.) But there is no Federal provision granting states the power to impose taxes, only restrictions on that pre

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5 hours ago You are a local or state law enforcement officer and you are on patrol and happen to come upon a B & E in progress at your local post office. Do you have the authority to enforce any laws, misdemeanor or felony on federal property and make an arrest? If so, please cite/reference the law showing such authority.

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9 hours ago And you can't use "But it's legal in my state" because the Feds don't care about state laws. On the other hand, if you're in California, if you pay workers the Federal Minimum Wage, the Feds can't get involved, but State Law Enforcement can if you are paying less than the CA minimum wage (CA is one state that has a higher minimum wage).

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8 hours ago The other attorneys are correct. Of course, generally federal law trumps state law where the two conflict. These recent measures seem to me to be the states' equivalent of a sit in. In the meantime, while the state law enforcement may not prosecute, the Feds can. This answer is informational only and does not create an attorney client relationship.

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5 hours ago No. Federal law trumps state law, every time. Of course some presidents can simply choose not to enforce a federal law, like Obama not doing anything about weed being sold in states where it's legal, but the point stands. 7. level 2. [deleted] 4 years ago.

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6 hours ago Federal law dictates that marijuana users may be prohibited from owning guns or living in public housing, yet state disability laws prohibit discrimination against medical marijuana users

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4 hours ago The federal government cannot command a state government to pass a law (New York v.United States, 505 US 144, Hodel v. Virginia Surface Mining & Reclamation Assn., 452 US 264, and this includes commanding a state to repeal or modify an existing law.It can, under the Commerce Clause, pass laws prohibiting actions (as long as the Commerce Clause would be applicable), …

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Posted in: Constitutional Law, Government LawShow details

7 hours ago K. Instead of each package bearing the price as required under subsection F, paragraph 4, the seller may post the price of the package in bold type that measures no less than three-eighths of an inch on the shelf or display at the point of display of the product. If the price on the shelf or display is less than eighteen inches from floor level

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5 hours ago State and Local Laws Held Preempted by Federal Law. 1. Society for the Propagation of the Gospel v. New Haven, 21 U. S. (8 Wheat. ) 464 (1823). The property of a charitable corporation chartered by the Crown, being specifically protected by the treaty of peace of 1783, an act of Vermont adopted in 1794 and purporting to convey such property to

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5 hours ago While marijuana possession and distribution is a federal crime under the Controlled Substances Act (CSA) and the Supremacy Clause of the United States Constitution provides that federal law is the “supreme Law of the Land,” that is not the entire story: The U.S. system of government is one of dual sovereignty where the states can and do serve as “laboratories of democracy.”

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3 hours ago

1. Federal laws are responsible for the following:1. Patent and copyright laws 2. Civil rights laws 3. Immigration and anti-discriminatory law 4. Supplemental security income (SSI) and social security laws 5. Bankruptcy law 6. Federal criminal laws such as tax evasion or fraud and counterfeiting money
2. 1. Family matters and divorces 2. Real estate and other property matters 3. Business contracts 4. Criminal matters 5. Inheritances, estate, and wills 6. Medical, welfare, and public assistance matters 7. Employee compensation resulting in injuries at the workplace 8. Personal injuries such as medical malpractice or car accident Local Laws are responsible for handling local safety, municipality, and zoning conditions.

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6 hours ago Keep in mind that states without price gouging laws may still take efforts to prevent price gouging, especially during national emergencies. For example, Ohio has state laws that ban “unconscionable sales practices” but not a law specifically against price gouging. The remaining states do have price gouging laws. Read on to learn the basics of the price gouging laws by state.

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2 hours ago This creates a quasi position for drug laws, where state says the drug can be had legally and federal law says it can't. State law enforcement officers tend to ignore enforcement of federal laws (hence they don't regularly round up illegal immigrants) and instead wait and let federal law enforcement officers enforce federal laws.

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21.086.4178 hours ago

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1 hours ago Re: Does Federal Law always supersede State Law? Where federal and state laws are in conflict, federal law *always* prevails in *all* situations. There aren't a lot of absolute rules in law, but this is one of them. Of course, some situations that appear to be direct conflicts really aren't.

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6 hours ago As noted above, federal law is supreme over state law in our system. And so, if there is an otherwise-constitutional federal law compelling an outcome that runs contrary to a state or local rule, the federal law prevails. But it does not follow that President Trump can therefore override state and local rules on matters like shelter-in-place.

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7 hours ago States offering in-state college tuition rates to illegal aliens -- but not to all American students -- are brazenly violating federal immigration law. Currently, 12 states - California, Texas

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5 hours ago The Federal Gun Control Act of 1968 and the Federal Omnibus Consolidated Appropriations Act of 1997 makes it illegal for a person who fits into any of the following categories to receive or possess a firearm. These laws prevent the State from issuing a Pistol Permit because it would be illegal for people who fit in these categories, by Federal law, to own or possess a gun.

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8 hours ago It provides state courts are bound by the supreme law and when there is a conflict between state and federal law the federal law must be applied. Even state constitutions are …

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9 hours ago It can be confusing. There are actually two different sets of laws; federal laws and state laws. Federal laws are generally for the entire country. They are effective in all states. Constitutional law permits each state to create and enforce additional laws for their state.

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1 hours ago By state law generally. Common law now days most of the contract that stays for contract is statutes. UCC-Article 2 basic contracts rules. UCC does not apply in any specific place around the country because it is uniform. It is adapted from the states. It can be both laws. Reinstatement: technically it is not a source of law but common law jurisdiction.

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21.086.417Just Now

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21.086.4176 hours ago

1. Local law enforcement agencies include police departments and sheriff’s offices but are not limited to these only. Each state can have different agencies that you can join. Here is an example of the opportunities you may have, depending on your location: 1. City Police Department 2. County Sheriff’s Office 3. Transit Authority Police 4. School District Police 5. Housing Authority Police 6. District Attorneys’ Office Investigators 7. Airport Police 8. Harbor Police 9. University Police 10. Hospital Police If you want to pursue a career in local law enforcement, you need to be ready to start in patrol. Your career will begin as a police officer and after a given period of time, you will be able to move to a different specialization. Depending on your experience and level of education you can become a detective, join the K-9 unit, SWAT or other specialty units. One of the main advantages of working for a local law enforcement agency is that you do not have to move to another location i...

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Just Now Congress can, of course, replace state common law liability regimes with federal regimes, such as the federal statutes governing claims by injured railroad workers for compensation from employers, or laws outlining liability for damaging side effects of vaccines.

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Frequently Asked Questions

Can a US state refuse to follow a federal law?

Can a US State refuse to follow Federal law? TL;DR: Legally, no; Practically, it depends. In the run up to the civil war, one controversy was over the concept of nullification. Basically, the idea was that states could simply declare a federal law to be inapplicable within the state.

Can a state enforce a federal law that is unconstitutional?

In a nutshell: (1) State officials need not enforce federal laws that the state has determined to be unconstitutional; nor may Congress mandate that states enact specific laws. But (2), states may not block federal authorities who attempt to enforce a federal law unless a court has held that the law is unconstitutional.

Could the federal government override contrary state and local rules?

3. But could the federal government override contrary state and local rules? As noted above, federal law is supreme over state law in our system. And so, if there is an otherwise-constitutional federal law compelling an outcome that runs contrary to a state or local rule, the federal law prevails.

Is the right to nullify a federal law?

Legal opinion on the validity of this doctrine was divided — it put the sovereignty of the states up against the sovereignty of the federal government, and some proponents claimed that the right to nullify was reinforced by the 10th amendment, because the constitution hadn’t explicitly prohibited states from doing i

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