Do States Rights trump Federal Law in the end?

Asked by: Tes95
  • State should have more power! :)

    States should have more power than the federal government because, if the federal government had more power, than all of the laws in the country would be the same. It would be boring and bland. There would be no differences in the country, and no one would want to live here.

  • A Government's power comes from the governed

    "For the people, by the people." A state government is smaller and so tends to be easier for the citizen to have his voice heard. Ultimately, the people are the highest power and so the government that is most capable of hearing and acting on the voices of the people should have more say than one distant and ran by politicians with their own agendas. While citizens of the U.S. vote and elect their leaders, it is from a pre chosen list and so the true voice of the people is not heard in the national government today. The UNITED STATES of America. Only when the States unified did the national government come into being and so the state government should have final say what goes on inside their borders.

  • Mostly Yes, Sometimes NO

    What more does one need to read to answer this than Article 6, Section 2 of the United States Constitution? It says

    "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."

    In other words, if it is a federal law NOT made pursuant to the Constitution it has no more authority than a similar state law. At least that is the way it is SUPPOSED to work.

    And given the 10th Amendment reserves all powers not specifically enumerated to the government to the states and the people, I think it's pretty obvious who is SUPPOSED to have the final say in MOST matters.

  • Checks and balances

    This armwrestling match is a tie....And should be for good reasons....Checks and balances....Although i lean towards states sovereignty because the tendency would be federal dictatorship if the 10th amendment were not placed there to limit federal powers. Thank God for the 10th amendment....Else history shows that we would all be subject to an out of control central government with unlimited power and we would all be slaves to federal system of a bureaucratic beast. At the same time, the federal government can limit the states powers in case a state government attempts out of Constitution bounds oppressive laws....Such was the case when the Supreme Court ruled in favor of the 2nd amendment in McDonald v the city of Chicago.

  • State > Federal

    The country was founded on states rights. Constitutionally speaking state laws supersede federal law. The federal govt exists for national emergencies and wartime. The federal government oversteps it's boundaries when it becomes involved in states rights by enforcing illegal laws with illegal federal agencies after enacting illegal bills that give them their so called rights to enforce the states....They've just uttered the words federal law trumps state law so many times the idiotic public believes it to be true.

  • Look at Current Affairs

    The Supremacy Clause states that federal law trumps state law in the end. Marijuana is illegal in all fifty states. So why are pot shops springing up everywhere in Colorado? Is the federal government turning a blind eye? No. In a statement made by Eric Holder, he says that the feds will not interfere in any attempts to sell pot in Colorado. This proves that state law does, in the end, trump federal law.

  • Constitution Amendment states rights

    3: No Bill of Attainder or ex post facto Law shall be passed. (means something that was once legal.. Cant be made illegal...)

    The Tenth Amendment, ratified in 1791 along with the rest of the Bill of Rights, remains in effect. It provides,

    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

  • State matters vs Federal matters

    Federal government should deal with federal matters... NOT state matters. State matters should be left up to the state.

    Things which cannot be resolved within the state should be brought to the federal attention. If they can be handled within the state, then no need to take it to the federal position.

    States have the Constitutional right to descent federal government for state-internal matters. For cross-state issues which cannot be resolved by one or several state... Only then should federal govt be involved.

    Bottom line: It costs 10 times more and is 3 times less effective by escalating it to the federal level.

  • Yes, States Rights unfortunately grow more powerful than the Federal Law

    People will show their stubbornness and commitment to their homeland even though I believe that the federal government's laws should trump the state laws. Mississippi, for example, just now, in 2013, ratified the 13th amendment. State powers will always want to do things their own way regardless of how correct, humane or beneficial a federally-passed law is.

  • Yes, State Rights should trump Federal Law.

    The main reason that state laws should trump federal laws is because state laws encompass what the denizens of the state want for themselves, not for anyone else, just themselves. The idea that a state should have less jurisdiction over the people residing in it than the federal government is damaging to the concept "for the people, by the people" as it gives people who are in entirely different situations the power to make decisions for those that know first hand what the state needs.

  • They do not.

    I think all someone has to do to answer this question is to remember how a hierarchy works. The federal government is at the highest tier of authority, and the states are below that level. We have our own state rights, but federal law trumps all at the end of the day.

  • Federal law overrides state law in general

    The Supremacy Clause, states Federal law supersedes the state law whenever conflict arises under the Constitution; the federal government has both express and implied powers to trump the state. There is plenty of traditional case law which has interpreted Supremacy clause that mean just that. Stare decisis case law says this clearly in a number of cases. McCulloch v. Maryland; 17 U.S. 316, 4 L.Ed. 579 (1819) The Federal has broad powers to pass a number of types of laws and States cannot interfer with any federal agency by imposing on it. Here is a more greater list on the subject here:https://www.Law.Cornell.Edu/supct/cases/topics/tog_supremacy_clause.Html.

  • Federal law covers all citizens no matter where they are traveling.

    Our national rights supersede any individual state rights, our national federal rights supersede any individual state rights. Especially when a state rights infringe on any law abiding citizens human and civil rights.
    We must also recognize that not all laws are just and our morals must be checked for the common good of all.

  • Federalism has shown a better involvement with global affairs

    A small government is better than no government. Think about it for a moment, do you want the United States to be like Europe? South Carolina as a miniature Switzerland, Georgia as a Germany, California as Spain, not very united? It would effect the commonwealth negatively. I believe in small government, not no government.

  • Federalism has shown a better involvement with global affairs

    A small government is better than no government. Think about it for a moment, do you want the United States to be like Europe? South Carolina as a miniature Switzerland, Georgia as a Germany, California as Spain, not very united? It would effect the commonwealth negatively. I believe in small government, not no government.

  • Federal law trumps state law!

    I agree with the person above. Get your facts straight people! Federal law is the highest tier in government! For example, in the area of education, IDEA sets precedent. The state can have regulations but if the regulations are not benefiting the child, federal law will always precede. Get your information right people!

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