2007-10-17 05:37:50 · 5 answers · asked by Tim 6 in Politics & Government ➔ Law & Ethics
So far, all these answers are, "why it's the way it is." I'm more curious about why we wouldn't change it. "Because it would render the federal government useless" isn't a reason. It's a repercussion. One that makes an awful lot of sense. Less tax, more freedom. If you wanted a strict set of laws, move to Kansas. If you want more personal freedom, move to Cali. It would be like Europe, except it would all be the same language. I see a lot of advantages, I just can't think of any drawbacks. Which is why I asked the question. Thanks for all the answers.
2007-10-17 06:24:22 · update #1
in order to be unified, we have a U.S. Consitution that is supposed to provide cohesiveness and law-and-order to all citizens of the USA. When State Law can trump federal law, the States can effectively cecede from the United States and be disloyal to the USA as a whole. There would be no reason for the States to be united into a Union and there would be interstate warfare because there could be no true federal protection for interstate commerce and interstate travel. As it stands today, States have a great deal of power over their soverignty as states but the good of all the 50 states is supposed to rest with the Federal Government. The government is responsible for the protection of the citizens of all the states and for ensuring that we have effective laws and equal treatment under the laws. If State law could trump federal law -- the Federal Government would be rendered impotent and therefore useless.
2007-10-17 05:48:58 · answer #1 · answered by Mindbender 4 · 1⤊ 0⤋
It depends on which "this country" you are in....
It's not a matter of one being "bad" -- whether the states have more authority --- or whether the federal (central) govt can override state laws -- those are just different political models.
In the US, state laws can be overridden by valid federal laws -- because that's what Article VI of the US Constitution says. If the Confederacy had won the civil war, and split off -- the Confederate model (similar to what the EU uses) would have allowed state laws to override general federal laws within individual states.
It's just a different model -- whether you prefer national unity on some things -- or whether almost everything can vary by state -- some people far prefer the state-control model, since it allows them to move places to avoid laws they don't like.
2007-10-17 12:50:03 · answer #2 · answered by coragryph 7 · 2⤊ 0⤋
it would make traveling in the US difficult since you would have to remember what changes in each of 50 states.....right now people travel for business, vacation, and relocate on a regular basis....there has to be a central authority which trumps over all the states or unity as we know it would fall apart.......
2007-10-17 13:00:54 · answer #3 · answered by smokingjojo35 1 · 1⤊ 0⤋
State law does trump federal law when it is of substantive nature.
2007-10-17 12:41:11 · answer #4 · answered by Eisbär 7 · 1⤊ 1⤋
My guess: because we're the UNITED States of America? to have consistency? to ensure our Constitution is followed?
And the Erie Doctrine refers to Civil Procedure--the rules followed in civil court...
2007-10-17 12:45:23 · answer #5 · answered by Anonymous · 1⤊ 1⤋