Slade3200
Diamond Member
- Jan 13, 2016
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Of course it is a 10th amendment issue and the states have the rights to make those laws. The fed also have the right to enforce the federal laws which trump the laws of the state. Though in this case it would be very unwise. We are seeing the same debate happening with sanctuary cities.I never considered it a 10th amend issue, but you're right that the fed govt has never had the power to force the states to use stage funded resources to simply enforce a federal law. The feds have in instances basically coerced state behavior by sending them money. So if a state wants to consider pot as a legal substance, it can. The FBI can still come in and bust all the pot dispenceries under fed law, but that would not be politically wise move.The 10th amendment gives them that right. The act is still illegal and enforceable at a federal level but states are not required to enforce the federal laws.The states have the right to make their own laws by the 10th amendment. They also have the right to decide which laws and regulations to enforce. The feds ultimately have the power to enforce federal laws but States are not required to enforce for them. As long as state laws are constitutional and not increasing restrictions over federal law then they are legit.Probably not. But that doesnt mean people should just go around ignoring laws they dont agree with.
When a state law is in direct conflict with federal law, the federal law prevails. A state law can afford more rights to its residents than federal law, but is not meant to reduce or restrict the rights of a U.S. citizen.
Federal vs State Law - Difference and Comparison | Diffen
So where do the States get the power to establish their own drug cartels in defiance of federal law?
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It's not a 10th amendment issue as long as you accept the feds having the authority to regulate everything that might even have a tangential effect on interstate commerce, whether that commerce be legal or illegal.
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