Questions tagged [federalism]
Relating to the distribution of power in an organization between a central authority and the constituent units in a federal system of government.
28
questions
-5
votes
1answer
60 views
US Constitutional text question / federalist papers / republic by definition ..opinion [closed]
if "treason" against the government was needed to save the country, would "treason" not be a duty?
regardless of the current state of the United States(current politics out of ...
5
votes
1answer
1k views
Does Double Jeopardy prohibit prosecution, for the same event, in both Federal and State court?
The common understanding of the 5th Amendment's prohibition on being tried twice for the same offense is that no trial can be held which would put a person in a risk of loss of liberty if they have ...
3
votes
2answers
64 views
Can the US Federal Government Initiate Prosecutions in State Courts?
Does the federal government have the authority to file criminal actions in state courts?
1
vote
0answers
75 views
Is it constitutional for a state law to effectively mandate that a provision cannot be overruled by a federal court except the Supreme Court?
The Texas SB.8 law has this is obscure provision:
Sec. 171.209. CIVIL LIABILITY: UNDUE BURDEN DEFENSE
LIMITATIONS. (a) A defendant against whom an action is brought
under Section 171.208 does not ...
0
votes
1answer
117 views
What prevents member states of the EU, really, to simply not comply with EU law and simply not do their contributions into the budget?
This question was inspired by the following part of cpast’s answer relating to the supremacy clause of the U.S. Constitution:
“Occasionally, that’s not enough. If a state disobeys the orders of a ...
2
votes
1answer
35 views
Does precedent support Florida School district local officials deciding public interest health decisions?
Florida has the highest number of confirmed pediatric hospitalizations from the virus, according to data from the Centers for Disease Control and Prevention and the Department of Health and Human ...
3
votes
1answer
34 views
Can a Federal law allow suits in a US state court?
If a US federal law creates a private right of action, say for a privacy or consumer protection tort, can the law authorize suit to be brought in a state court, particularly a small-claims court? If ...
5
votes
2answers
770 views
If the superior sovereign deports an individual, is that a defense for failure to show up to court?
I am specifically thinking in the context of the United States, but other jurisdictions where there is a notion of federalism and competing priorities for different sovereigns are also interesting.
...
5
votes
1answer
138 views
How do provincial liquor and sales tax laws apply to railways and civil aviation?
The question was inspired by and raised during my research on a question on Travel.SE concerning the minimum age for alcohol service on board international flights; but here I'm exclusively interested ...
26
votes
3answers
6k views
In the US, can a state court issue a subpoena against, arrest, try, convict, or jail the US president?
The US president has the authority to grant a pardon to a person other than himself in respect of a federal crime, even before the person has been indicted. There has also been some discussion over ...
7
votes
1answer
254 views
Could US mayors/governors order their state police to arrest unmarked federal agents?
Could the local US governors/mayors, who reject federal agents on their streets, legally order their local police force to arrest all people, who are violence and don't wear any insignia?
Or would it ...
0
votes
0answers
49 views
Under McCulloh vs Maryland can the Feds do anything?
Under McCulloh vs Maryland (The Bank of United States case) which held that the supremacy clause precludes state taxation of Federal functions; can States and localities enforce traffic rules against ...
1
vote
1answer
152 views
Preclusive effect of federal declaratory judgment in state court criminal proceedings
This question presumes the following circumstances:
A party files for declaratory relief in federal court requesting a state statute be declared unconstitutional (facially or as-applied) but chooses ...
3
votes
3answers
105 views
Can a state stop implementation of a bill passed in the parliament?
Yesterday Indian parliament passed citizenship amendment bill which seeks to provide citizenship to religious minorities which have to come to India before Dec 2014 as a refugee due to their ...
3
votes
4answers
760 views
In the United States how can a federal agency constitutionally regulate aviation?
The Federal Aviation Administration is a federal agency with the authority to regulate all civil aviation in the United States, including flights over state rather than federal territory. How is the ...
5
votes
2answers
395 views
If Gamble v. United States ends up creating a precedent, how could the federal and state governments agree on who gets to prosecute?
According to Wiki:
The separate sovereigns doctrine holds that because the federal and state government are "separate sovereigns", the Double Jeopardy Clause does not apply to prosecution of the ...
2
votes
1answer
89 views
Which law requires a pharmacist to be present in every pharmacy?
Which law requires a pharmacist to be present in every pharmacy in the United States?
3
votes
1answer
6k views
Are all crimes committed in Washington DC federal crimes?
Since Washington DC is a federal territory, do all crimes committed there automatically become federal crimes?
1
vote
1answer
1k views
Can the federal government force state/local governments to share resources with neighbouring states/localities?
There is an increasing amount of tension between multiple states associated with essential resources like water. Here's a link - https://m.huffpost.com/us/entry/2789784 .
If a state tries to build a ...
3
votes
2answers
129 views
Could Puerto Rico become part of a US state?
Could Puerto Rico become part of a US state? I realise it has long been proposed as a 51st state, but that seems unlikely. So how about this alternative?
3
votes
1answer
321 views
Can getting medical marijuana prescribed prevent you from owning or buying a firearm?
The federal law governing possession and ownership of firearms is 18 U.S.C. § 922(g)(3). This prohibits possession or ownership by a person who is “…an unlawful user of or addicted to any controlled ...
0
votes
3answers
559 views
What, Legally, Justifies Eminent Domain?
In the United States, under the Taking Clause of the Fifth Amendment, the Federal Government's power of Eminent Domain is established:
nor shall private property be taken for public use, without ...
4
votes
2answers
152 views
How can federal law require seating for disabled people in a city train?
Once in a city train in Bay area, I saw a plate which says something similar to "federal law requires this seat to be reserved for disabled people". What part of the constitution authorizes the US ...
2
votes
2answers
114 views
Can't a state in India challenge the Parliament in court?
In an ongoing case challenging the centre's decision to make Aadhaar mandatory for government welfare schemes, the Supreme Court bench asked the West Bengal state counsel:
"In a federal structure, ...
1
vote
1answer
115 views
some aspects of the Steven Avery case
As many others all over the world, I follow the Steven Avery case. Can you explain to me this matter? According to an article on the internet, "a federal judge has overturned the 1st Degree ...
1
vote
3answers
549 views
Does the state have the legal right to limit city legislation?
Recently, Missouri passed a law which effectively prevents cities within the state from setting their own minimum wage. Now, I liken this to the fact that the states themselves can set a wage that is ...
0
votes
2answers
320 views
U.S. Code and the Supremacy Clause
The 18 U.S. Code § 1111 punished first degree murder by death
Whoever is guilty of murder in the first degree shall be punished by death or by imprisonment for life;
Whoever is guilty of murder in ...
-1
votes
3answers
2k views
Why is the US allowed to print money?
Article 1 section 10 paragraph 1 of the US constitution says
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit;...
