WHAT LAW IS EXCLUSIVELY UNDER FEDERAL JURISDICTION ?
A MARITIME
B MILITARY
C STATE
D CRIMINAL
2006-06-23 10:56:01 · 6 answers · asked by sierratireshop@sbcglobal.net 1 in Politics & Government ➔ Law & Ethics
Military law.
Maritime is shared between countries.
All government levels have criminal and civil laws.
If a state law and federal law conflict, the one with the most stringent law wins.
2006-06-23 11:03:11 · answer #1 · answered by mapleguy 7 · 0⤊ 2⤋
A. Congress has plenary (near absolute) power over Admiralty (maritime) law, through Article I Section 8. This includes piracies and felonies on the high seas, maintaining a navy, making rules for capture on waters, granting letters of marque (privateers), and the ubiquitous commerce clause.
B. Article I Section 10 restricts states from granting Letters of Marque, keeping Troops, or keeping Ships of War in Time of Peace. However, Article I section 8 and the 2nd Amendment grants the right for States to have militias (including the National Guard).
C. Why is this even on the list? Are you asking if state law is under federal jurisdiction?
The answer is no, but yes. The federal government cannot order states to enact any laws. That's a violation of the 10th Amendment. However, the federal government can enact any laws within its enumerated powers, which take precedence over (preempt) state laws through the Supremacy clause in Article VI.
D. Again, federal government is limited by enumerated powers. Article I Section 8 allows for crimes of: piracies and felonies on the high seas, and counterfeiting. Article III Section 2 allows for punishment of treason. All other criminal actions must arise implicitly as part of one of other enumerated powers, generally either destruction of Federal Property, or using the "Channels and Instrumentalities of Interstate Commerce". Which is why so many federal criminal laws have the interstate travel component.
Also, Congress (through Article I Section 8) can pass any laws it likes (general police power) regarding the District of Columbia.
So, technically, the best answer to your question would be A, since that is there area the states have the least authority it.
2006-06-23 20:19:33 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
The answer is "all of the above" since Federal law supersedes state or local laws.
2006-06-23 17:59:19 · answer #3 · answered by Dave R 6 · 0⤊ 0⤋
The FCC has laws enforceable only by them. As does the FAA and the FDA.
2006-06-23 18:08:24 · answer #4 · answered by Marcus R. 6 · 0⤊ 0⤋
Don't forget Immigration
2006-06-23 18:01:24 · answer #5 · answered by Yipicya 3 · 0⤊ 0⤋
A&B HOW ABOUT E TAXES{like evasion]
2006-06-23 18:05:19 · answer #6 · answered by Penney S 6 · 0⤊ 0⤋