Do states have authority over Federal Mandates or does Federal law trump state laws?

[888theGreat]

Here are issues with questions

Abortion : The former Governor shut down all abortion clinics but one and it is still that way. Do you agree the state of Kentucky has that right even if federally abortion is still legal? Bible says it was wrong.

Guns: Many states like New York and California will not allow people to have guns on their person even though permits are legal federally. Should New York and California be allowed to enforce this? Guns are promoted by our Constitution.

Pot: It is officially illegal federally but many states like Colorado allow it legally. Should Colorado be allowed to do this? It was once legal federally.

Voting laws : Many states use different rules that would not match Federal laws. Many voting laws were broken in 2020.

Gay marriage : Legal federally , but many states still will not recognize it as legal marriage. What about that? Bible says it is wrong.

Sanctuary Cities and States: California refuses to go by federal laws regarding sanctuary cities. Should California be punished for breaking federal law?

Religion: Legal by the Constitution , but banned during Covid 19. Don't people have a right to risk their own lives for their religion?

This creates confusion and hurts rule of law. Inconsistencies that cause major problems. If no one will follow the law , why have laws of any kind?

Now you can see why we have violent protests and a potential future civil war. One issue can't have 50 different variants.

Only slavery is agreed upon as immoral by every party, and even chain gangs are considered slavery by some states. Also , making people serve gay partners with products or services is considered slavery by many states.

Comments?

States laws come first

Federal law trumps State Laws

This is why we need a Supreme Court

[ChubbyKing]

1. Kentucky HAS to legally keep at least one open otherwise it's breaking federal law, it's just a loophole

2. Certain things are reserved powers. While yes, a state cannot completely ban the possession of guns, they can still regulate them. California for example though has completely banned concealed carry. You need a permit however and the jurisdiction you're in may choose not to issue one

3. At any point in time the Fed can have the DEA infiltrate states where Marijuana is legal to use. They choose not to however because it would look awful if they did. While yes the Fed can determine what substances are illegal, they CHOOSE to let the states do what they want

4. The federal government has very limited power over how voting is done actually, it's a reserved power as the constitution outlines that we don't have 1 presidential election but 50 separate elections, that's why states can do what they want there, aside from discrimination as that would violate the constitution

5. This is due to the fact that states had laws already in place banning same sex marriage, new ones cannot be passed. However as this action is not an act of Congress but a Supreme Court precedent it's a bit harder to enforce

6. There are no true sanctuary cities in the US, they aren't exactly preventing the federal government from deporting illegals but instead bending the rules by first presenting illegals that have broken the law, they filter from worst to best to protect immigrants that are a lower priority to the Fed

7. This is a common misconception. The 1st amendment states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof" this means that the government (and states) cannot establish an official religion nor can it bar anyone from practicing a religion, however there is leeway like limiting how many people can gather at one time. It can't go without noting that for example the Supreme Court ruled California's indoor ban as a violation of the constitution.

Things slip through the cracks because legal process takes a long time. A state can realistically pass any law that violates the constitution if they want, but eventually a court will bring the violation to attention, things aren't instantaneous

The purpose however of letting the states have discretion is in the ideology of preventing tyranny. The founding fathers were wary of a government that had too much unchecked power so they created the Articles of Confederation, however the Articles of Confederation were too limited in the Fed's power so it had to be scrapped and they replaced it with the Constitution but still under the premise of the Fed not becoming so powerful that the States can't operate as they wish, at least to some degree

[MIJ0PAPl]

When it comes to these issues there is a ruling class that you don't see on TV who controls the politicians even the governors so something like abortion it may be banned in a state where the people want it but ultimately the ruling class want population control and they control the fake supreme court so the ban in your state will be overturned eventually.

[genuinlysensitive]

It depends. Neither State nor Federal has the right to deny any of the inalienable rights guaranteed by the Constitution. Also, the 10th amendment says unless otherwise stated by the Consitution, such as the case of immigration, the states have the rights.

So in the instance of California and the "Santuary Cities/States" the Federal law Trumps State law, and they are all breaking Federal law, knowingly, for years now.

With the exception of drug laws, which should be up to the states, the other specific issues you mentioned are a matter of Constitutional rights, which puts tremendous power in the hands of the judiciary.

As for the "violent protests" they were allowed as local and State authorities stood down. In my opinion when you do this it is insurrection against the United States. Also, these "violent protests" have been egged on by the media, big tech, and quite a few democrats. Its not because of the Constitution or the Federalist system.

[Soteris]

Supremacy Clause, Article VI, Paragraph 2 of the U. S. Constitution.
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any thing in the Constitution or Laws of any State to the Contrary notwithstanding."

Federal law beats state law as codified in the constitution and upheld in the supreme court. That said, since you appear to lack some foundational understanding of the topic, this does not mean that for example state police can enforce federal law.

Anytime you hear states getting away with ignoring federal law it mostly boils down to the fact that state level can't enforce federal laws without express permission from congress and they are not expected to either which means they can choose not to. It falls on the shoulders of the Federal government to enforce their own federal laws such as ICE as opposed to state police.