Which has more jurisdiction ? are their any state laws that national laws can't interfere with ? and vice versa
2006-09-05 12:05:37 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
By national I assume you mean federal.
State laws typically have precedence over federal laws. Federal laws are more broad and cover the all cititizens... keep in mind some areas are not actually states. IE, District of Columbia.
2006-09-09 11:41:38 · answer #1 · answered by BeachBum 7 · 0⤊ 0⤋
National laws are imposed by the federal government and therefore have more jurisdiction. State laws vary from state to state. For example, the laws in California may not be the same as those in Florida. And there are no state laws that national laws can't interfere with. However, state laws can't interfere with national laws because the national ones have more jurisdiction.
2006-09-05 12:09:57 · answer #2 · answered by Bear 5 · 0⤊ 0⤋
National (actually they are called Federal) Laws apply across the country. They can be made more strict by State Laws, but not more lenient. Federal laws cannot "interfere" with a more strict version of state law. Federal crimes must take place on federal property (i.e., national park, military base, but civilian crime, etc) OR involve some interstate action (kidnapping across state lines, or communications across state lines. State laws apply to actions taken within that state, whether or not you are a resident of the state.
2006-09-05 12:10:10 · answer #3 · answered by jurydoc 7 · 0⤊ 0⤋
State laws only apply within the appropriate state. National (federal) laws apply everywhere in the country.
In the US, national/federal laws preempt (override) state laws because of the Supremacy Clause (Article VI). However, federal laws are limited to the powers enumerated to the federal govt in the Constitution. So, federal laws cannot cover as many different areas as state laws, but are more 'powerful' because they override state laws if the state laws conflict.
2006-09-05 12:10:08 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
National laws apply to all U.S. citizens, but a surprisingly large amount of issues are not controled at the national level. The federal government leaves many things (abortion, driving age, gay marriage) to be legislated on a state by state basis, but if congress were to pass a national law on one of those issues, it would dominate all state laws (I think)
2006-09-05 12:08:53 · answer #5 · answered by DonSoze 5 · 0⤊ 0⤋
Federal law supercedes state law.
"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. "
2006-09-05 12:10:51 · answer #6 · answered by Nick 3 · 1⤊ 0⤋
its actually referred to as federal law. federal laws always supersedes state law. ex. california passed prop 215 a medical marijuana bill some time ago but because federal law prohibits the use of marijuana it is unable to be enacted
2006-09-05 12:13:00 · answer #7 · answered by dawn 5 · 0⤊ 0⤋