• @[email protected]
    link
    fedilink
    22
    edit-2
    15 days ago

    Irony & Stephen being an arch-ghoul notwithstanding, federal law does supercede state law (Art 6 Sec 2). Like, Nebraska couldn’t just legalize murder. They could stop enforcing that law, but it’d still be illegal and the federal gov’t could take action.

    • @[email protected]
      link
      fedilink
      3315 days ago

      federal law does supercede state law (Art 6 Sec 2)

      Only to the extent that the Federal law is constitutional (ie within its powers) and valid

        • @[email protected]
          link
          fedilink
          315 days ago

          Mmm, maybe, I’m pretty sure there’s pretty solid case law precedent on this. It’s been heavily litigated over the centuries.

          The parameters around what is within the jurisdiction of the US Federal govt is pretty clear. Fundamentally Article I, Section 8 of US Constitution although there’s a few other loose ends (implied powers).

          “The enumerated powers listed in Article One include both exclusive federal powers, as well as concurrent powers that are shared with the states, and all of those powers are to be contrasted with reserved powers that only the states possess”

          • @[email protected]
            link
            fedilink
            314 days ago

            Yeah, the courts being captured is possibly the biggest problem facing the US right now. They’re what makes all the bad stuff the current regime is doing possible.

      • vortic
        link
        fedilink
        1015 days ago

        And to the extent that they are actually following the federal law, regardless of its constitutionality.