Quantum Windbag
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- May 9, 2010
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- #301
Federal law ALWAYS take precedence. Meaning if state law were to define these pat downs as sexual assault, while federal law specifically allowed them to happen, the state law would be meaningless.
If federal law always took precedence federal law would make it illegal to go faster than 55 in every single state in the union. Some states have decided that they do not like that particular law, and choose to do without highway funds rather than allow the federal government to dictate their laws.
You're not very smart. The very law which set the federal speed limit in fact gave states the choice of setting their own speed limits and not receiving federal funding. So by doing so, they were NOT violating the law. They were in full compliance.
National Maximum Speed Law - Wikipedia, the free encyclopedia
Now if that caveat had not been allowed under the law and states had done so anyway, they would have been violating the Supremacy Clause.
I understand now, you insist on proving that you chose the name TheBrian because you are just like the mouse in the old cartoon, and Pinky is actually the smart one.
Even when federal law does not give the state a choice they can still ignore it. This is proven every single day, because federal law makes all possession of marijuana a criminal act, and makes possession with the intent to sell or distribute it a felony. None the less, many states allow people to not only possess marijuana for medical purposes, which federal law does not recognize, they can also sell and distribute it.
Federal law takes precedent if their is a direct conflict. If a state law adds to the federal law there is no conflict, and the state law takes precedence. That is why you cannot argue in court that federal law gives a lighter sentence if you rob a bank than state law does, even though both federal and state law applies.
Regardless, nothing actually changes my original statement, no federal law gives anyone the right to break a state law.