Federal law trumps state and local law every time

originally posted by: BeyondKnowledge3
a reply to: Lazy88

Yes, but the ones in charge, especially for the last 4 years, are the ones that broke it. Not enforcing the existing laws only leads to more ignoring those same laws.

It’s been broke longer than four years. Trump started to correct the situation, actions obliterated by the Biden Administration. Where congress should have corrected the situation long ago.

originally posted by: yuppa
a reply to: Lazy88

COTUS says all votes should be in by voting day,anything after is VOID according to it. So yes there IS a law on it,but the current DOJ will not enforce it.

Ok?

A state still could mandate all ballots be by mail, and the federal government can’t do a thing about it.

originally posted by: fringeofthefringe

There is a new sheriff in town, this is gonna be great to see. Finally we will have someone willing to step up and call out these criminal cities, states, mayors and govenors. There is going to be a showdown at high noon on Jan 20th, get ready-grab your popcorn-it's gonna be a great show.

I think you are expecting too much and are going to be disappointed.

Just as in Donald Trump's first term; most of his actions are going to be blocked by activists federal judges; he will be stimied by investigation after investigation after investigation; and he will be embattled by leaks from the administrative state and disgruntled members of his own administration.

Just be happy that he won; putting liberal tribalists into a tail spin and disrupting their plans.

No.

The fed, gets it's authority from the States.

The 10th Amendment states that powers not granted to the federal government belong to the states, or to the people.

Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government.

Federal Gov can not delegate itself authority.
There is a reason we have three branches of government, to keep each other in check.

When We The People are ignorant of our God given rights, Governments over reach due to corruption.

I do NOT consent.

I think you are expecting too much and are going to be disappointed.

Just be happy that he won; putting liberal tribalists into a tail spin and disrupting their plans.

a reply to: Dandandat3

I think you make fair points and may even be right. I am aware of the expectation game however if, if I were a liberal left lunatic who wanted to shame Trump, bankrupt him, indict him, get a mug shot of Trump, have a jury find him guilty of felonies and have him assassinated at least the lefties had a chance for all that NOW for me all I want is justice for the lawfare, govenors and mayors who harbor illegal alien criminals to be held accountable as well as those who defied congressional subpoenas- the witness tampering done by Liz Cheney, Trump aide Cassidy Hutchinson for purjury, the jan 6th committee and other REAL crimes. So I know all that might not happen but that is what I voted, in part, for and others and other things. I do appreciate your point though.

The fed, gets it's authority from the States.

a reply to: ADVISOR

Did govenor DeSantis give the FBI permission to raid Mar a Lago? I could research other instances. Just trying to learn about the jurisdiction because I can think of others. Did the states cede that authority already? How about border patrol, Texas govenor Abbott seemed to have issues.

A couple quotes from Tom Homan...

Tom Homan, Donald Trump's incoming "border czar," has vowed to send "twice as many" Immigration and Customs Enforcement (ICE) agents to Los Angeles to enact mass deportations.

"Federal law trumps state and local law every time, so if you're not gonna help, get the hell out of the way," Homan said. "We're coming, we're doing it, and they're not going to stop us.... If you knowingly harbor and conceal an illegal alien, that's a felony.... Why would you push back on this?"

He went on: "If I've got to send twice as many officers to L.A. because we're not getting any assistance, then that's what we're going to do. We've got a mandate, President Trump's serious about this, I'm serious about this. This is going to happen with or without you."

Tom "don't give me that juridiction crap" Holman

originally posted by: Bluntone22
a reply to: some_stupid_name

The funny thing too is that a business selling marijuana has a difficult time with banking.
Most of them run on cash only because a credit card is federally insured and can't be used on federally illegal purchases. That's why the pot sellers have private owned ATMs.

Banking? Yes. Spending the cash? Not at all.

originally posted by: Bluntone22
a reply to: fringeofthefringe

Marijuana is illegal federally but many states allow it's sale for recreational use.
Guns (shall not be infringed) on a federal level but try getting a CCW in Chicago.

Not sure where lines are drawn on this issue.

The DEA was raiding dispensaries for a while in states where cannabis is legal, it was Obama that put a stop to it. But he just told them to back off, didn’t pass any actual laws to prevent it.

I think if the federal government wants too and is motivated enough then they can definitely go after anyone breaking a federal law, even if it’s legal in that state.

a reply to: JadedGhost

It's called "Prosecutorial Discretion". That's how they "legalize" discrimination, bias, and favoritism combined with the political-economic complex. 😬

originally posted by: JadedGhost

originally posted by: Bluntone22
a reply to: fringeofthefringe

Marijuana is illegal federally but many states allow it's sale for recreational use.
Guns (shall not be infringed) on a federal level but try getting a CCW in Chicago.

Not sure where lines are drawn on this issue.

The DEA was raiding dispensaries for a while in states where cannabis is legal, it was Obama that put a stop to it. But he just told them to back off, didn’t pass any actual laws to prevent it.

I think if the federal government wants too and is motivated enough then they can definitely go after anyone breaking a federal law, even if it’s legal in that state.

Better idea....

Put a tariff on P o t being brought across the border. Support our local farmers. Keep it local.

That will end the cartel violence.

/sarc?

a reply to: fringeofthefringe

A simple search, would show the difference, and clarify;

The United States legal system is composed of two basic levels – federal law and state law. Federal laws apply to the entire nation while state laws can only be enforced within state boundaries. As federal law is applicable nationwide, many people assume that federal law always trumps state law, but it’s not that simple.

constitutionus.com...

Understanding Federal vs. State Law: What You Need to Know
www.legalintelllc.com...
State laws are created by state legislatures and are subject to the limitations set by the federal government. Now that we have a better understanding of what federal and state laws are, let's take a closer look at their roles in the US legal system. Jurisdiction: One of the key differences between federal and state law is their jurisdiction.

State vs. Federal Law - Civics 101: Understanding Where Laws ...
sdlawlibrary.libguides.com...
Some topic areas law are governed by both state and federal law. This usually happens when Congress spends money to create programs for the general welfare. Typically when federal funds are offered to a state to participate, some element of federal law is involved. Such areas of law include: consumer protection ; employment; health; labor ...

A Cannabis Conflict of Law: Federal vs. State Law
www.americanbar.org...
State Law vs. Federal Law. As we examined in the beginning, states have moved towards embracing the use of cannabis. The federal government, meanwhile, has not made the same move.

Federal versus State Power - US Constitution - LAWS.com
constitution.laws.com...
This has created a conflict between federal and state law, as the federal government has continued to prosecute marijuana-related crimes even in states where the drug is legal. Pros and Cons There are both advantages and disadvantages to a system of shared power between the federal government and the states.

Federal Law vs. State Law - What's the Difference? | This vs ...
thisvsthat.io...
Attribute Federal Law State Law; Jurisdiction: Applies to the entire country: Applies to a specific state: Creation: Created by the U.S. Congress: Created by state legislatures

Difference between Federal and State Law
difference.guru...
Instead, it must be regarded as 50 independent legal systems of criminal law, family law, contract law, and so on. Federal vs State Law. So what’s the difference between federal and state law? Federal laws are created by the federal government. The House of Congress passes bills that the President signs into laws.

State Law vs Federal Law - This Nation
www.thisnation.com...
State Law Vs. Federal Law: Origins And Development. The legal landscape in the United States is shaped by two primary sources of law: state law and federal law. These laws originate from different legislative bodies and serve distinct purposes. Federal laws are created by the U.S. Congress and apply uniformly nationwide.

Federal, State & Local Laws | Overview, Differences & Examples
study.com...
State laws are laws that are made by each of America's 50 states. These laws are only applicable within the state in which they are passed. State laws are passed in a similar way as federal laws.

Another thing to keep in mind is that Legal and Lawful, are different. Each situation is and will be different.

That is why I like the Ten Commandments, ten basic laws.

Mnnhas imposed an impossible amount of laws to even know them all.

While I am all for mass deportation of illegal alien Invaders, certain "sanctuary" governors refuse to enforce existing laws.

We need DAs that will do their jobs, prosecute criminals.

Constitutionally, "sanctuary cities" are illegal and should be prosecuted as such. I'd like to see them walled off, like escape from NY.

But walls don't work, according to leftists....🙄

Another thing to keep in mind is that Legal and Lawful, are different. Each situation is and will be different.

While I am all for mass deportation of illegal alien Invaders, certain "sanctuary" governors refuse to enforce existing laws.

We need DAs that will do their jobs, prosecute criminals.

Constitutionally, "sanctuary cities" are illegal and should be prosecuted as such. I'd like to see them walled off, like escape from NY.

a reply to: ADVISOR

Yes, that is how I understood it as well, there are some grey areas and ultimately prosecutorial discretion comes into play. So many examples of FBI working in states like the whistleblowers testifying they were getting parents liscense plate numbers in the parking lot at the Louden school parents meeting in Virginia. The links are good but the real world instances speak to another reality. As far as the quote from Holman in my title, I just don't think he is going to have any trouble with jurisdiction but it just may be brought up, let's see how this plays out.