I have a question a about U. S laws?

So, recently gay marriage got legal all throughout U. S. A, even tough it was already legal in some states. So dear americans, can you explain me one thing: If federal laws say "weed is illegal" but some states say "no it's not, here is legal" why when federal law say "gay marriage is legal", why canĀ“t some states say "nop, here it's illegal."


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Most Helpful Guy

  • The Constitution of the United States contains a provision known as the Supremacy Clause, which makes federal laws and treaties the Supreme Law of the Land. The example you mention of some states "legalizing" marijuana is one that confuses a lot of people. Take Colorado for example. A lot of people will say that weed is legal in Colorado. That's not really true. Colorado has made it legal under state law, but it remains illegal under federal law. The federal government could go to court and get an injunction against Colorado's legal weed system in nothing flat. That's because of the Supremacy Clause. It's not happening because the federal government (under Obama) has chosen not to enforce the federal drug laws relating to marijuana in Colorado. It's a messed up situation, because what's occurring in Colorado isn't really legal; it's just being tolerated. The Supreme Court decision in Obergefell (the homosexual marriage case) is now the supreme law of the land. It was a very bad decision, because it didn't rest on any real Constitutional foundation, and was simply a policy preference disguised as a legal opinion by 5 unelected judges. But those 5 made for a majority of the 9 member court. So even though it's a bad decision, it is nonetheless controlling law that trumps the state laws and state constitutional amendments that say that marriage is what it's always been (one man and one woman). So those 5 unelected judges get to decide the issue for all the people in over 30 states that either voted for marriage to remain what it's always been, or whose elected representatives in the state legislatures enacted into law regarding what marriage is. That's why the lawlessness of the Obergefell decision is so tragic. Five unelected lawyers who happen to sit on the Supreme Court decided this issue for the over 30 states that had already decided it for themselves, and those 5 justices on the Court didn't even have a valid Constitutional argument for doing that. The 14th Amendment did not mandate the result in Obergefell. The only thing that mandated the result was the personal policy preferences of 5 unelected judges.

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What Girls Said 1

  • They outlawed the state bans on same-sex marriage.

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    • But what about states outlawing the weed ban?

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    • No I just wast to know why sometimes state laws can overcome federal laws, one example is weed...

    • There's probably a clause somewhere about enforcing it at the state's discretion.

What Guys Said 4

  • Because federal laws trumps state laws and the reason why is because federal laws are derived from the U. S Constitution which is the mother of all documents in the U. S. In the case of gay marriage, the Supreme Court (Federal) was capable of legalizing gay marriage throughout all 50 states because based on the Constitution it would be wrong and unconstitutional to deprive gays of marriage.

    The same goes for abortions. Many states are against abortions (Texas), but they can't overrule the Federal Government's decision on making abortions legal, because preventing someone from having an abortion goes against that individual rights which is written out in the Constitutions.

    However other matters like drug legalization, tax rates, age of consent and etc, which aren't based on the Constitution is up for the states to decide. The federal government can't make weed illegal throughout all 50 states, because drugs laws aren't based on the Constitution. They are more so based on morals and culture.

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  • Federal laws beat state laws

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  • I am guessing that is probably going to happen. but if they want they can get the ruling overturned but that is a big hassle. either way it is all going to be a big pain in the ass

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  • Because it is a states right. As are matrimony laws. We are ceding too much to the Fed that are states rights. There is no way that matrimonial law belongs to the fed.

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