Take any issue, say in this case, importing of prescription medication from Canada, but it could be anything. If the Federal government passes a law or in some other way, effectively bans the practice, can a single state or group of states say otherwise and un-ban the practice?
2007-01-30 08:36:25 · 26 answers · asked by Rob Lowe 2 in Politics & Government ➔ Law & Ethics
The Feds.
2007-01-30 08:39:27 · answer #1 · answered by Hi 7 · 0⤊ 0⤋
Federal Government
2007-01-30 08:38:57 · answer #2 · answered by olyfanman99 1 · 0⤊ 0⤋
If a law is broken that falls under the jurisdiction of federal law, then I think the feds handle it. If both the state and the federal law are pretty much the same I'm not sure how they decide who gets to take care of it.
Personally, I would always err on the side of caution. If your state says it is OK but the Congress has passed a law against it--don't break it.
2007-01-30 08:47:26 · answer #3 · answered by Charlie 2 · 0⤊ 0⤋
Not through their state governments they can't. That said, if enough states were against it, their congressmen and Senators would fight and attempt not to pass the law in the first place, or could attempt to overturn it at the Federal level. A state can also attempt to challenge the Constitutionality of the law through the court system, but if that fails, then the state is out of luck. The Federal law trumps anything they can pass.
2007-01-30 08:45:56 · answer #4 · answered by Mr. Taco 7 · 0⤊ 0⤋
Absolutely not. It takes a federal law to ban something in all 50 states. The answer to your question would be a Federal law has the highest authority.
2007-01-30 08:40:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No. A state can't reverse a law. They can only make it stricter or add their own. If the federal government says no it is no. If they say yes then a state can say no.
What is maddening is when the federal government makes a law that the constitution reserves to the states and no one cares. Where does it state in the constitution that the federal government can set a minimum wage?
2007-01-30 08:40:21 · answer #6 · answered by Barkley Hound 7 · 1⤊ 0⤋
The only time state law will override federal law is in employment-related matters. For example, the federal min wage is $5.15, but states can set it higher and businesses in those states must abide by the higher wage.
Some federal "laws" are actually tied to funding. A state can choose to ignore a law, but then they forfeit federal funding. For example, it used to be legal in Louisiana for 18-20 year olds to buy alcohol, but LA didn't receive any highway money because of it.
2007-01-30 08:40:57 · answer #7 · answered by ? 6 · 0⤊ 0⤋
Federal Law will have the final say. Prescription medication is controlled by the federal government, therefore States cannot overule any federal laws.
2007-01-30 08:40:35 · answer #8 · answered by MRod 5 · 0⤊ 0⤋
Unfortunately Federal law supersedes state law a Good example of this is in California where pot is legal for medical use but yet the Feds are busting those that are using it legally for medical use under that states laws
2007-01-30 08:42:20 · answer #9 · answered by bisquedog 6 · 0⤊ 0⤋
It really depends on what you're talking about.
The federal government only has the powers specifically granted to it by the Constitution. Matters concerning everything and anything other than those powers specifically given to the federal government are governed by the states.
2007-01-30 08:40:52 · answer #10 · answered by Anonymous · 1⤊ 0⤋