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this post was submitted on 06 Nov 2024
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Others have answered, but the reason why "states' rights" don't matter at the Federal level is the Supremacy Clause. States can be more restrictive than the Federal government, but cannot be more lax/loose. An interesting aside is the states that have legalized marijuana usage, where the Federal government has (as of yet) not cracked down on that. It is within constitutional power to do so, but just hasn't.
woah, thanks for the lesson.
Perhaps a federation would be more suited for America instead of one government that decides for all even though every state has its own set of problems?
That's how it was designed. The federal government was supposed to be a weak organization only to organize between states and other countries. In practice, the federal government gradually increased its own power, culminating in the Supreme Court affirming it: https://en.wikipedia.org/wiki/Wickard_v._Filburn
Damn but thanks again :)
This was a massive debate for the first decades of the country.
Can't you game that law by just phrasing permissive laws as strict?
"It is illegal for any officer of the law to make arrest or conviction based on marijuana consumption or possession".
Boom. You're being more restrictive, not being more loose.
Lawyers hate this one weird trick! That wouldn't work because you're not actually being more "strict", you're still in opposition to the federal law. Being more "strict" means you're still in compliance with federal law, you just do extra stuff on top. Semantics can't change that.
Oh no, we definitely follow federal law. Marijuana possession is 100% illegal here and anyone who smokes pot should know they are very naughty! We just don't allow cops to do anything about it.
Sort of, yes. Your example, as passed as a state law, would bind state officers, but not federal officers.
And in fact, New Hampshire passed a law barring state officers from enforcing federal firearms law. If the feds want to be more restrictive than the state, they'll have to do that work themselves. https://newhampshirebulletin.com/briefs/sununu-signs-bill-barring-state-enforcement-of-federal-firearms-laws/
As long as the Supreme Court agrees that that is restrictive, sure.