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.

Filter by
Sorted by
Tagged with
3 votes
1 answer
1k views

Is there a list of doctrines and rationale in American common law that isn't based on codified laws and constitutional rules?

It would also be interesting if there were lists of this nature at the state level too.
R-Obsessive's user avatar
  • 1,185
0 votes
1 answer
138 views

Can a state in the US enforce its laws against other states?

Can a state enforce its laws against another state? For example, say Tennessee outlaws gasoline powered cars. A Georgia official intends to drive a state-owned gasoline powered vehicle to Kentucky on ...
user avatar
5 votes
0 answers
91 views

Can a US state ban a drug that is approved by the FDA?

The more common scenario nowadays is for a US state to "legalize" a drug that is illegal Federally, namely cannabis. This scenario has been well-researched and it is well-settled that the ...
Robert Columbia's user avatar
5 votes
2 answers
428 views

What stops Musk from changing Tesla's incorporate location to find judges that would rule in his favor

Recently, a judge in Delaware ruled in favor of shareholders and blocked Elon Musk's compensation package. Later, Elon Musk said he would try to incorporate Tesla in Texas: "Tesla and Mr. Musk ...
maths soso's user avatar
9 votes
2 answers
3k views

USA write-in ballots

Disclosure: I do not live in the USA and so am only picking up bits of American news from various places. What I'm picking up on is that one of the larger things in the United States is a legal ...
Matt Bartlett's user avatar
5 votes
2 answers
226 views

Are the federal government or its contractors subject to local building or zoning codes?

Say there is going to be a federal facility, operated by the federal government or by a contractor of the federal government, in a town. Something like a prison, or a place where ICE plans to imprison ...
interfect's user avatar
  • 3,471
9 votes
3 answers
2k views

Could the federal government begin registering vehicles and issuing driver licenses, overriding state law?

Currently, vehicle registration and driver licensing are handled primarily by states in the US. However, aircraft registration and pilot certification is handled by the federal government. Could the ...
Someone's user avatar
  • 17k
14 votes
2 answers
3k views

How many separate judicial systems are there in the United States?

At minute 17:30 of this video https://www.youtube.com/watch?v=lJOpSkyBl2Y the lecturer claims there are 51 separate court systems. But I count at least 52: 50 states, the federal system, and ...
LMR's user avatar
  • 167
1 vote
1 answer
167 views

Can a government commit a crime?

Can a state government be convicted for a federal crime, or can the federal government be convicted for a state crime? The latter situation could happen despite the supremacy of federal law over state ...
Someone's user avatar
  • 17k
8 votes
2 answers
3k views

Can federal courts overturn state court decisions on matters of state law?

If a state court rules, for example, that a particular state law is unconstitutional under the state constitution, can this decision be overturned by a federal court?
Someone's user avatar
  • 17k
3 votes
2 answers
216 views

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 ...
interfect's user avatar
  • 3,471
6 votes
1 answer
1k views

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 ...
Someone's user avatar
  • 17k
2 votes
1 answer
541 views

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?
user84614's user avatar
9 votes
3 answers
2k views

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 ...
uhoh's user avatar
  • 766
0 votes
0 answers
100 views

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 ...
Palapa Tours's user avatar
2 votes
2 answers
271 views

Can a US state adjudicate citizenship at birth?

Section 8 of the US Constitution says "The Congress shall have Power...To establish an uniform Rule of Naturalization...." But US citizens who reside in a state are also citizens of the ...
Gerard Ashton's user avatar
13 votes
1 answer
6k views

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, ...
HAEM's user avatar
  • 583
6 votes
9 answers
4k views

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 ...
Gouvernathor's user avatar
12 votes
3 answers
4k views

"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 ...
The Editor's user avatar
  • 1,275
0 votes
1 answer
54 views

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 ...
user avatar
4 votes
1 answer
389 views

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. ...
whoisit's user avatar
  • 301
4 votes
2 answers
480 views

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 ...
Gouvernathor's user avatar
4 votes
1 answer
707 views

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 ...
ohwilleke's user avatar
  • 213k
6 votes
1 answer
645 views

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?
Presidian's user avatar
2 votes
1 answer
169 views

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 ...
user319249's user avatar
5 votes
4 answers
559 views

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 ...
Psychonaut's user avatar
2 votes
2 answers
279 views

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 ...
ksinkar's user avatar
  • 312
3 votes
1 answer
86 views

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?
Nicolas B's user avatar
0 votes
3 answers
159 views

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 ...
Jagu Land's user avatar
  • 243
1 vote
1 answer
111 views

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 ...
Neil Meyer's user avatar
  • 4,889
3 votes
3 answers
693 views

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....
Rohit Pandey's user avatar
28 votes
6 answers
10k views

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 ...
DrMcCleod's user avatar
  • 549
-4 votes
1 answer
96 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 ...
HurtfulTruth's user avatar
9 votes
1 answer
2k 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 ...
grovkin's user avatar
  • 2,578
3 votes
2 answers
163 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?
Viktor's user avatar
  • 3,568
4 votes
1 answer
263 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 ...
the gods from engineering's user avatar
2 votes
1 answer
36 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 ...
gatorback's user avatar
  • 7,145
3 votes
1 answer
61 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 ...
David Siegel's user avatar
5 votes
2 answers
819 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. ...
Viktor's user avatar
  • 3,568
2 votes
5 answers
796 views

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 ...
Sayaman's user avatar
  • 5,170
7 votes
1 answer
367 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 ...
xngtng's user avatar
  • 5,903
26 votes
3 answers
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 ...
user avatar
3 votes
2 answers
829 views

Can an American sue their own state directly in the federal Supreme Court?

According to Article III, Section 2 of the constitution, The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties ...
Brian's user avatar
  • 1,454
7 votes
1 answer
347 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 ...
user avatar
1 vote
1 answer
106 views

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 ...
Naftali Tzvi's user avatar
4 votes
2 answers
342 views

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 ...
Cicero's user avatar
  • 6,910
1 vote
1 answer
334 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 ...
David Reed's user avatar
3 votes
3 answers
129 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 ...
Stupid_Intern's user avatar
3 votes
4 answers
1k 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 ...
Billy's user avatar
  • 151
5 votes
2 answers
661 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 ...
JonathanReez's user avatar
  • 4,291