Who decides what is a state matter, and what is a federal matter?

Question

For instance, abortion, or legalization of drugs, or gun control. Who decides if the law will come from the state or the federal gov't?

Answer 1

What happens is...

The lawsuit comes up, and the parties arent really interested in the lower courts decisions, and keeps bumping it up, until they get to the Supreme Court.

Then, they decide on what the solution will be.

Some Courts will automatically refuse to hear a case and bump it up, if it will make a "precidence", because they fear that they will have to "legislate", and that is not what they are there for, so they bump it up to the Supreme Court to legislate...(Not that they are supposed to also, but, they sometimes do)...

The Nineth Circuit Court of Appeals is REALLY GOOD about legislating from the bench, as they turn around things that "normal people", would thing is ludicriss and wonder who made these Judges, the Overlords of the land???

I wish you well..

Jesse

Answer 2

The US Constitution.

Article I Sections 9 and 10, Article VI and the 10th Amendment, set forth the relationship between the federal and state governments.

The federal legislature (Congress) is only allowed to pass laws that relate to one of the enumerated powers allocated to the federal government. Most are in Article I Section 8, plus a few more scattered in other articles and the various amendments.

The state legislatures have general authority to pass any laws that do not conflict with either the constitution or existing federal laws. Article VI covers federal preemption of state laws, through the supremacy clause.

The Bill of Rights applies directly only to federal regulation, though most of them are incorporated (applied) via the 14th Amendment against the state governments as well.

The federal courts deal with federal law questions, and questions involving the US constitution. The state courts deal with any issue that is not exclusively allocated to federal courts.

In the specific examples you gave, abortion is a state issue, because there is no provision in the Constitution for Congress to regulate it. However, the protections afforded to reproductive rights arising out of the Constitution are upheld by the Supreme Court as applicable to all states.

Drugs are generally regulated under the Congressional power to control interstate commerce, as are many federal gun laws. The states also have fairly broad powers to regulate such activity, subject to federal preemption.

So, the short answer is it gets determined based on Constitutional principles, and can vary depending on the topic area.

Answer 3

In the Constitution and Bill of Rights, there are certain powers prescribed to the federal government. Anything that hasn't been assigned to them is left up to the states to decide. With more recent issues like abortion and the legalization of drugs, there's been a hazy line in which the state and federal officials constantly dance over. There's nothing that really states who gets to decide.

Answer 4

Technically THE CONSTITUTION decides these matters. Anything not specifically spelled out in the Constitution is a state matter. However, the federal government has hijacked much of the Constitution and re-interpreted its meanings.

Your examples of abortion and drugs should be STATE matters, not federal issues.

Answer 5

Abortion drugs and gun control could all be juditiated by state, but the federal government has the final word.

Answer 6

There's a lot decided in legislation. Many federal laws are mirrored by the states, however, such as rights provided by the constitution.

And the courts and legislators have everything so jumbled up that they can send you back and forth saying it's someone else's "jurisdiciton" or matter until your head is spinning.

It's easier if a specific "matter" is known.

Answer 7

The FEDERAL supreme court. Give you any idea who will win? Look at medical marijuana in California. Arnold decided it was a good idea. Bush had the supreme court reprimand Arnold because this was a "federal" matter. Arnie did have the last word, though. He told his state law enforcement officers not to enforce the law. If it's enforced, it will have to be by federal agents. Go Arnold!!!!

Answer 8

The government and most federal laws over ride state laws.Or which ever is the worst offense. Crossing state lines to commit crimes,is federal,murder can be but isn't always federal.. its a long complicated system. But it works.

Answer 9

The Fascisti in Washington have decided that EVERYTHING is a ferderal matter, including your whereabouts, your email, your phone calls, the way you raise your kids, and how much butter you put on your mashed potatoes.

The Constitution went out the window with the creation of the Interstate Commerce Act, and their powers have been expanding ever since.

Funny thing, a lot of folks like it. Their house gets blown down, they want the Feds to fix it.

Answer 10

I would suppose it is up to the people who vote the people into office. Then once these people get into office they do what ever they want. And then the houses of government both state and federal would vote. But thats just a guess. I dont follow most politics.