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.
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Can the federal government directly modify state law?
A recent comment inspired me to wonder whether the US federal government has the power to directly modify state law.
State legislatures will often pass bills of the form "Section so-and-so of the ...
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What does Section 2 of the 21st Amendment to the US Constitution do?
Section 2 of Amendment 21 to the US Constitution says the following:
The transportation or importation into any State, Territory, or possession of the United States for delivery or use therein of ...
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Could the US fed gov reduce a state's minimum wage?
I am aware the Fed can create a minimum wage law that is more restrictive than a state's, but could it nullify a state's minimum wage law and force it to be lowered?
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Is a US state's revocation of a business license not being federally appealable codified somewhere, or is there simply no law saying it can be?
While the US constitution does contain the Interstate Commerce clause, it is argued that revocation of a business license and dissolution of a business following a US state's legal process can not be ...
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Intra-Provincial Waterway Laws
My question is related to boats in an intra- provincial waterway. Waterways are federal, but Ottawa, Ontario and Gatineau Quebec share the river system. As a commercial vessel what laws would regulate ...
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Does murdering the President of the United States differ, as a crime, from regular murder?
So, the prospect of siccing a semper tyrannis on the current POTUS has been discussed for the past quarter millennium or so. This has left me wondering, what sort of laws are there against murdering, ...
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Citizenship of a US State (or German Land, or Canadian province, or US/Canadian territory)
Does any of the US states or aforementioned entities maintain a legal status comparable to that of citizenship/nationality, specific to people who are for example born in that state or have acquired ...
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"Murder laws are governed by the states, [not the federal government]." Is Vivek Ramaswamy right?
United States presidential candidate Vivek Ramaswamy stated he doesn't support a federal ban on abortion, a practice which he understands to be murder, because the U.S. federal government doesn't ...
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is it possible to override a provision regarding whether state or national law applies to a crime?
if a law has the following provisions
Where an act or omission constitutes an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained ...
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What is the status of polygamy for Hindus in Goa?
As per the Constitution of India, Marriage is in the concurrent list. Thus, both the Union and the State can make laws on Marriage. The Union Government Law supersedes the state in case of ambiguity.
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Judicial federalism outside the US
Does any other federal country use a US-like system of having both a local and federal court systems, applying different rules of procedure and enabling the equivalent of double jeopardy, i.e where ...
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Does the Posse Comitatus Act Apply To The U.S. Space Force?
In 1956, the Posse Comitatus Act was adopted. It made it a crime to use the Army to enforce U.S. law in the United States in the absence of an invasion or insurrection. (The law itself is discussed ...
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Does San Francisco and California law have jurisdiction in the Presidio of San Francisco?
The Presidio is rumoured to be federal land, and I'm wondering how that affects what law is applicable there. Does California law have any effect there?
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Is giving birth a function of immigration law in the US?
The federal govt has sole jurisdiction in making and enforcing immigration laws and regulations in the US.
"The US immigration policy is regulated at the federal level. Although certain matters ...
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How is state citizenship acquired and lost?
According to the 14th Amendment of the US Constitution,
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the ...
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Can the Federal Government dismiss any state Legislative Assembly in the USA?
Does the constitution of USA allow the President to dismiss Governors' of States who rebel against the Union?
Does the constitution of USA allow the President to dissolve the Assemblies of States ...
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How are EU member states, and entities under them, legally forced to apply EU imposed sanctions?
Typically how is SWIFT the global payment network, which is under Belgian law, required legally to implement the EU sanctions?
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How much of law enforcement is discretionary?
When I look at the Cannabis situation in the US, I find that Cannabis is still a Schedule 1 drug under federal law.
However, such a law is not enforced.
So I wonder, how much of law enforcement is ...
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Who owns the rain water in a federal state?
I have read that in federal states like Australia and the US underground water belongs to the government. Unauthorized borehole being illegal even if you are the owner of the land. What is the case ...
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What would be different if Kyle Rittenhouse were 9 instead of 17?
In the Kyle Rittenhouse case, I felt like he would be charged with possessing a weapon while under-age. But this charge was dropped. I looked into this and ran into this article: https://abcnews.go....
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What was the relevance of 'crossing state lines' in the Kyle Rittenhouse case?
It seems to be a common talking-point that the now exonerated Kyle Rittenhouse did something wrong by 'crossing state lines' to attend the BLM demonstration in Kenosha that led to the subsequent ...
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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 ...
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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 ...
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Can the US Federal Government Initiate Prosecutions in State Courts?
Does the federal government have the authority to file criminal actions in state courts?
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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 ...
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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 ...
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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 ...
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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.
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Can Hawaii secede from the U.S. through legal means?
Can Hawaii secede from the U.S. through legal means or is it forbidden by U.S. law? I am asking, because I doubt the U.S. would accept the result of a referendum that rules that the Hawaiians want to ...
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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 ...
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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 ...
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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 ...
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Under McCulloch vs Maryland can the Feds do anything?
Under McCulloch 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 ...
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What is the Constitutional justification for Federal gun possession laws?
The US Constitution reserves to the states all powers not expressly delegated to the Federal government. What is the Constitutional provision that allows for Federal laws such as the law that felons ...
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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 ...
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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 ...
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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 ...
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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 ...
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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?
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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?
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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, ...
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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 ...
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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 ...
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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 ...
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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;...
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