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I am looking for information online. I would like to better understand the difference between State and Federal Law. How a Federal Law is created. Why each State has different laws concerning something national such as divorce or murder. And learn why something as such is not a Federal Law.

2006-11-04 17:54:42 · 3 answers · asked by WPM 1 in Politics & Government Law & Ethics

3 answers

Federal law is created by Congress (statutory) and federal courts (federal common law). State law is created by each state legislature (statutory) and state courts (state common law).

Under Article VI of the Constitution (Supremacy Clause), federal law (statutory or court-made) preempts state law.

The answer to your underlying question comes from the interaction of the 10th Amendment with Article I of the Constitution. "The powers not delegated to the United States [federal govt] by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

Basically, the federal government is one of limited enumerated powers. Unless the federal government is authorized to pass laws in a certain area, they cannot. Only the states can.

That's why most criminal laws, most family laws, most general behavioral laws -- all are state laws. Unless an area involves one of the limited federal topics (interstate commerce, the military, the post office, copyrights, etc -- see Article I Section 8), then the federal govt has no authority to pass the laws.

And because each state is sovereign within their own jurisdiction, each can pass whatever laws they want, as long as those state laws do not conflict with federal laws or the federal Constitution. That's why laws vary by state.

2006-11-04 17:56:48 · answer #1 · answered by coragryph 7 · 1 0

all of us is telling me that there is a few form of regulation that covers shoppers buying used automobiles without warranties. some form of regulation that covers the vehicle for 30 days --- incorrect and incorrect. i assume those "human beings" are not into customer regulation, are they? replace the freaking ball joints on your individual. that may no longer a existence and dying value situation, yet while this is, turn on your motor vehicle.

2016-10-15 09:43:12 · answer #2 · answered by raffone 4 · 0 0

coragryph got it right

2006-11-04 18:06:39 · answer #3 · answered by Anonymous · 0 0

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