Questions

What happens to rights not given to the federal government?

What happens to rights not given to the federal government?

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Can a state override local government?

Preemption occurs when law at a higher level of government is used to overrule authority at a lower level. State law can be used to preempt local ordinances, and federal law can be used to preempt state or local law. This page focuses on preemption of local ordinances by state law.

Can a state enforce federal law?

States may participate in various ways in the enforcement of federal criminal law as well, for example by arresting individuals for federal offenses. But states lack power to enforce federal criminal law directly, such as by prosecuting federal offenders themselves in state or federal court.

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Do states have to listen to federal law?

Under the Supremacy Clause, found in Article VI, section 2 of the U.S. Constitution, both the Constitution and federal law supersede state laws.

What rights do states have over the federal government?

The Tenth Amendment declares, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” In other words, states have all powers not granted to the federal government by the Constitution.

Can the federal government enforce state laws?

Many federal statutes authorize civil enforcement by both a federal agency and the states, typically through their attorneys general. State enforcement is largely decentralized, and states act on behalf of a set of interests that diverge significantly from those represented by federal enforcers.

Can cities ignore state laws?

The constitution further states that ordinances passed by home rule charter cities and counties take precedence over conflicting state laws as to local affairs. State laws take precedence over home rule charter ordinances as to matters that are not local affairs.

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