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I recently read that New Hampshire has a state law that its primary must happen at least a week before any other state's primary (I'm not American). Now no other state can pass such a law, obviously because it'd be impossible (NH was there first). But what's stopping other states from passing similar laws in different realms, eg. New York passes a law saying JFK airport flights should get preference over Newark, or whatever. Is there anything the Fed or other states can do to prevent a state from unilaterally passing laws that affect other states? Is there a procedure to have such a law revoked? Thank you.

2007-12-19 06:41:18 · 3 answers · asked by Gillette 3 in Politics & Government Law & Ethics

3 answers

No other State has any say in what laws a State passes.

The Feds also cannot tell a State what laws it may pass - but a States law may not directly conflict with a Federal law in a matter in which the Feds have jurisdiction. The Feds can't stop the law being passed, though - but it could be challenged by anyone affected by it.

For example - I live in a State where there is a State law that makes it legal to buy and consume Marijuana for medicinal purposes. If I were to get a doctors letter that I should smoke pot, and go to a State licensed dispensary to buy some, I could still be arrested by the DEA as I walk out, and Federally charged with possesion of an illegal drug, because Federal law bans the use of pot.

Nothing would stop New York passing a law saying that its primary must be held a week before New Hampshire's. Then there'd be all sorts of legal challenges to the validity of the election results of whichever States primary date conflicted with their own law.

Richard

2007-12-19 06:49:47 · answer #1 · answered by rickinnocal 7 · 1 0

This is a really good question. I did not know that NH's law was they have the first primary. At any rate, one state's laws cannot affect another, New York could, for example, pass the very same law New Hampshire did, and then we could all sit back and watch as they determine what to do next. The federal government could pass laws mandating when these things are held, and the state would have little ability to challenge it (I think 2/3 of the state assemblies would have to vote to overturn the federal law).

2007-12-19 06:45:36 · answer #2 · answered by Pfo 7 · 0 0

NH can (and has) passed such a law, but no other state is obligated by it.

Over the years there has been a lot of jockeying in this area.

for one thing, primaries are not the only method used, just the only one used in NH. Iowa happens first, but they use a different method. candidates have been in Iowa alone for months now, and won't set foot in NH until Iowa is complete, on Jan 3.

Other states have taken strategic steps to raise their overall influence, including earlier primaries, simultaneous primaries, and so on.

The result is that we have been heavily in our election cycle for over a year already, and we are still 11 months from the actual election.

2007-12-19 06:56:27 · answer #3 · answered by Barry C 7 · 0 0

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