Admenents?

Question

Is it possible to break a state law but still be with in the limits of a U.S law? That maybe would over ride a state law by looking at the Adments? Im sure i spelled that wrong. I was told we were in the limits of the U.S laws and codes but then found out i had broke a state law and they arent even looking at the US laws or Codes why not? How can something be both legal and not legal

Answer 1

I believe state laws take precedence over federal laws in most cases. However, there may be "amendments" in place for federal law in case the states haven't decided on those issues yet.

Just some ideas.

Answer 2

The decision in Pruneyard v. California set a baseline in federal law. But it allowed state law to provide greater protections than might be found in federal law. For instance, federal statute claims that collecting signatures on private property (a mall) is not a function of free speech, but the state might decide it is (California in this instance). When that happens the state law overrides the federal law because it provides GREATER protection of personal liberty than the federal law does.

Answer 3

The U.S. Constitution is the ultimate law and no state or city law can counter it. However, it cannot control the entire nation and laws are left to states (and possibly the city) which is why we have elections for state governments. Laws vary depending on the state you are in (such as, in Florida, mentioning sexual content to a minor is enough for a jail sentence, while in other places it's not as easy to be jailed).
Your duty as a citizen is to recognize both nation AND state laws to be aware of where your boundaries lie.

Answer 4

Because the State, superseedes the Federal in all internal manners, unless you have interestate action, then the Federal limits come into play.

States "hate" the Federal Jurisdiction and would rather prosecute matters for themselves. Federal Jurisdiction was mostly for Interstate actions and actions regarding the Entire United States, but, individual States will still keep precedence, (the reason why the Federal Government had to wait, until the Governor of Louisiana "invited" them in to her State, it would have been illegal for them to "come in", otherwise...but, after this much devestation, they are changing language so that they can now).

I wish you well..

Jesse

Answer 5

OK several misstatements about the nature of federal versus state laws above.

First, the order of laws is as follows (highest to lowest): 1. US Constitution (and US Supreme Court cases interpreting it); 2. federal laws and treaties (last in time prevails); 3. State Constitutions (and State Supreme Court cases interpreting them). 4. State laws (as interpreted state courts). 5. Local laws.

Federal law only preempts state law where there is a conflict, however. If the two laws can both be followed, then both apply.

Also, remember that the federal government is one of limited authority, and Congress can only legislate pursuant to one of its enumerated Constitutional powers. States, on the other hand, can make just about any laws they wish, as long as those laws are valid under both the state and federal Constitutions, and as long as those state laws do not contradict federal laws.

Contradiction doesn't just mean being different. It means that is is impossible to follow both laws at once. For example: let's say that Congress requires all restaurants serving beef to cook the food to at least 150 degrees (enacted under the authority of the Commerce Clause, since restaurants support interstate commerce and most beef is sold interstate). States can require restaurants to cook to at least 160 degrees (since you can still abide both). But they can't require a maximum of 145 degrees (since it would be impossible to comply with both).

Another example. Because the federal government is one of limited enumerated authority, they can't pass general criminal laws the way a state can. Federal criminal laws must be tied to one of the congressional enumerated powers. Take simple battery (harmful or offensive contact with another without consent) or burglary (breaking and entering into the dwelling of another with the intent to commit a crime once inside). Nothing in either of those to allow federal authority, so no federal crime of battery or burglary. However, if it was a prohibition against attacking postal workers (under the Postal enumerated power) or breaking into the dwelling of a member of the military (under supporting and regulating the armed forces) then those could be valid federal crimes.

But even if there is no federal law governing an activity, it can still be regulated by the states. So a state can make general battery or burglary illegal, as part of its broad regulatory powers. The special additional limitations don't apply, since the state is not limited to enumerated powers.

Thus, when you say "both legal and not legal" you seem to be meaning "not prohibited by one set of laws, but prohibited by another". Once rephrased, the answer is clear. Just because one level of government doesn't make something illegal, that doesn't necessarily stop another level of government from doing so.

On the other hand if by "both legal and not legal" you mean "specifically and expressly allowed under one set of laws, but prohibited under another" then that's different. If federal law makes something illegal or legal, based on a valid congressional authority from the constitution, then the state cannot contradict that, because federal law trumps state law where the federal is properly grounded in one of Congress's enumerated powers.

Answer 6

No, states can make laws in addition to federal law. They can be equal to or even more restrictive (in some cases), to the federal law, but cannot contradict it.

Answer 7

it would have been legal in another state that didnt have that law. in New York, its illegal to take up a public parking spot to hang your wet clothes to dry. in denver, it is illegal to lend your vaccum cleaner to your next door neigbhor. in Jonesboro, Georgia, it is illigal to say "Oh, Boy"... it doesnt even specify in public... i guess people can just start making rumors up about people...

anyway, most laws, are state laws. there are very few, actual "federal" laws, compared to the amount of city, and state laws they're are.

Answer 8

Ask your Attorney.
Amendment.
A state law could conceivably be unconstitutional.

Answer 9

you do know that the constitution was first and state law was written in accordance with the constitution.

Answer 10

no it is'nt
check spelling right above where you right your questions.