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Unfortunately these laws being passed have no real affect other than make people feel good.
Federal Laws supersede State law, just as State laws supersede County or City laws/ordinances.
That is simply NOT true. Federal laws does NOT supercede state law. Federal laws are enforced on the state level via threats of funding cuts, withholding of federal aid, etc.
There are virtually THOUSANDS of state laws on the books that limit and/or "modify" federal laws, as they pertain to the individual states. Too many to list here.
The states understand that federal laws are only as valid as the ability of the federal government to ENFORCE their federal laws.
I hear ya and understand your pessimism. But i think it's actually a time to be optimistic. States really are beginning to reassert their rights. We're currently observing a quiet Revolution. I think it's great.
i agree. it won't take much to change the tide either. the public is demanding change as well. They are sick of federal mandates handcuffing them. and as soon as states start to offer opportunity they will draw jobs and people. thus gaining even more clout
Well said. It's a quiet Revolution. And most didn't expect to see one like this. They expected chaotic violence in the streets. But that's not the way to get things done. This is the way. Big Brother has very few options in dealing with it. Other than the threat of cutting funding, they're powerless. A Paper Tiger for sure. States just need to move forward and continue fighting back. Progress is being made. It is a time for optimism.
Unfortunately these laws being passed have no real affect other than make people feel good.
Federal Laws supersede State law, just as State laws supersede County or City laws/ordinances.
Unfortunately these laws being passed have no real affect other than make people feel good.
Federal Laws supersede State law, just as State laws supersede County or City laws/ordinances.
So what? What are they going to do... Send in the Military? Not likely.
When does state law supercede Federal law?
Federal law is, by virtue of the constitution, the "law of the land," meaning that it supersedes in every instance where they may pass laws covering the same issue. On things like minimum wage, it's not really an issue of superseding; if federal law says it must be $5.15 or more, and state law says it must be $7.50 or more, the state law is within the requirements of the federal law. If the state law were less than $5.15, the federal law would supersede it, because it would not be within the federal law's requirements.
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When it is harder or better for the people. A state can pass a law to make minimum wage higher than the federal minimum wage.
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minimum wage law is not really a supercedence.. state law NEVER supercedes federal law.. the example the other person made is not.. state laws can however go further than federal.. another example is.. the federal law for a dui is .08.. now a particular state can pass a law making it .06.. this is not superceding federal law.. the constitution prohibits that.. superceding would be if a state make the law for dui .10.. which many states did before it became a federal law.. once the feds voted in the .08.. any state laws higher were overridden.. if in fact an issue did be questioned..
i will say that for the past 50 years.. the us supreme court has mostly sided with the state and not the feds..
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If a state law is less strict or offers lower punishment than the Federal law, then the federal law takes priority, but a state law can require higher or stricter standards than federal law, as in the California emmission control standards for automobiles.
Unfortunately these laws being passed have no real affect other than make people feel good.
Federal Laws supersede State law, just as State laws supersede County or City laws/ordinances.
So what? What are they going to do... Send in the Military? Not likely.
Unfortunately these laws being passed have no real affect other than make people feel good.
Federal Laws supersede State law, just as State laws supersede County or City laws/ordinances.
That is simply NOT true. Federal laws does NOT supercede state law. Federal laws are enforced on the state level via threats of funding cuts, withholding of federal aid, etc.
There are virtually THOUSANDS of state laws on the books that limit and/or "modify" federal laws, as they pertain to the individual states. Too many to list here.
The states understand that federal laws are only as valid as the ability of the federal government to ENFORCE their federal laws.
Unfortunately these laws being passed have no real affect other than make people feel good.
Federal Laws supersede State law, just as State laws supersede County or City laws/ordinances.
So what? What are they going to do... Send in the Military? Not likely.
Exactly. A Paper Tiger for sure. All they have is coercion by way of threatening funding cuts.
So what? What are they going to do... Send in the Military? Not likely.
Exactly. A Paper Tiger for sure. All they have is coercion by way of threatening funding cuts.
It's actually much more than that, if any of those state statutes involve interfering with federal officers in the performance of their duties. There'd be much bigger penalty than a cut off of funds in those cases. Any other scenarios are just a pipe dreams akin to flower child "back to the garden" fantasies of the sixties.
Look at the reality of the situation.
Sure, the States may not enforce the Federal Laws, but that won't stop Federal Agents (FBI, DEA, U.S. Marshalls, Homeland Security, etc) from coming into the State to enforce them.
And the States can not stop that from happening.
I hate seeing Conservatives acting like Liberals and pretending that what is real isn't.
Let's face the facts of what is truly there and the truth of the matter.
As a gun owner, I say GOOD.Yes, a quiet peaceful Revolution is well underway. More & more States are now reasserting their rights. It really is great to see. Thank you Mr. President for waking this Sleeping Giant.
Wyoming House Approves Bills Exempting State From Federal Gun Control Measures
CHEYENNE, Wyo. Faced with the prospect of new federal gun restrictions, the Wyoming House gave initial approval Wednesday to bills that sponsors say would exempt guns in the state from new regulations while possibly taking the fight to criminals who might choose to attack public schools.
The House voted in favor of a bill that would seek to block the federal government from restricting assault weapons and high-capacity magazines. It amended the bill to specify that federal officials who tried to enforce any ban would be subject to state misdemeanor charges instead of felony charges.
President Barack Obama has called for reinstituting a federal assault weapons ban following the massacre of 20 Connecticut first-graders by a gunman last month.
The House on Wednesday also gave preliminary approval to a bill that would allow citizens who hold concealed carry permits to carry guns on campuses of public schools, colleges and the University of Wyoming.
Rep. Kendell Kroeker, R-Evansville, sponsored the bill to exempt assault rifles and magazines from federal control. He said Wyoming should get its position on record before a new federal ban comes down.
It is clearly a different case than trying to nullify something thats already in existence, Kroeker said...
Read More:
Wyoming House Approves Bills Exempting State From Federal Gun Control Measures « CBS DC
DRUDGE REPORT 2013®
As a gun owner, I say GOOD.Yes, a quiet peaceful Revolution is well underway. More & more States are now reasserting their rights. It really is great to see. Thank you Mr. President for waking this Sleeping Giant.
Wyoming House Approves Bills Exempting State From Federal Gun Control Measures
CHEYENNE, Wyo. Faced with the prospect of new federal gun restrictions, the Wyoming House gave initial approval Wednesday to bills that sponsors say would exempt guns in the state from new regulations while possibly taking the fight to criminals who might choose to attack public schools.
The House voted in favor of a bill that would seek to block the federal government from restricting assault weapons and high-capacity magazines. It amended the bill to specify that federal officials who tried to enforce any ban would be subject to state misdemeanor charges instead of felony charges.
President Barack Obama has called for reinstituting a federal assault weapons ban following the massacre of 20 Connecticut first-graders by a gunman last month.
The House on Wednesday also gave preliminary approval to a bill that would allow citizens who hold concealed carry permits to carry guns on campuses of public schools, colleges and the University of Wyoming.
Rep. Kendell Kroeker, R-Evansville, sponsored the bill to exempt assault rifles and magazines from federal control. He said Wyoming should get its position on record before a new federal ban comes down.
It is clearly a different case than trying to nullify something thats already in existence, Kroeker said...
Read More:
Wyoming House Approves Bills Exempting State From Federal Gun Control Measures « CBS DC
DRUDGE REPORT 2013®
Wyoming has no constitutional right to nullify federal laws.
That means any state officer who interferes with a federal officer in the pursuit of his duty will be arrested on federal felony charges, lose his profession, lose a right to own firearms, and will be tasked as a liability for the WY taxpayer to support for the rest of his life.
Wyoming has no constitutional right to nullify federal laws.
That means any state officer who interferes with a federal officer in the pursuit of his duty will be arrested on federal felony charges, lose his profession, lose a right to own firearms, and will be tasked as a liability for the WY taxpayer to support for the rest of his life.
Probably wont come to all that. Big Brother doesn't want those kind of headaches. He's a Paper Tiger on this. He'll just have to deal with a new reality.
Wyoming has no constitutional right to nullify federal laws.
That means any state officer who interferes with a federal officer in the pursuit of his duty will be arrested on federal felony charges, lose his profession, lose a right to own firearms, and will be tasked as a liability for the WY taxpayer to support for the rest of his life.
Probably wont come to all that. Big Brother doesn't want those kind of headaches. He's a Paper Tiger on this. He'll just have to deal with a new reality.
There is only posturing by some but no "new reality". Let anyone interfere in the pursuit of a federal officer's duty, and the sky will fall in on the offender.
Wyoming has no constitutional right to nullify federal laws.
That means any state officer who interferes with a federal officer in the pursuit of his duty will be arrested on federal felony charges, lose his profession, lose a right to own firearms, and will be tasked as a liability for the WY taxpayer to support for the rest of his life.
Probably wont come to all that. Big Brother doesn't want those kind of headaches. He's a Paper Tiger on this. He'll just have to deal with a new reality.
There is only posturing by some but no "new reality". Let anyone interfere in the pursuit of a federal officer's duty, and the sky will fall in on the offender.
Probably wont come to all that. Big Brother doesn't want those kind of headaches. He's a Paper Tiger on this. He'll just have to deal with a new reality.
There is only posturing by some but no "new reality". Let anyone interfere in the pursuit of a federal officer's duty, and the sky will fall in on the offender.
that is until they repeal prohibition due to public presure
