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Old 04-01-23, 12:30 PM   #5522
MaDef
Ace of the Deep
 
Join Date: Oct 2007
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Quote:
Originally Posted by mapuc View Post
I know that the States has some independent from Washington DC

I also know things like the military and foreign affairs is decided from Washington and some domestic laws is up the each States.

But who far goes this independent and when does United States Constitution, take over ?

Read an article in a Danish newspaper about some organization who had dragged their states into court for breaking federal laws and the sentence was:
United States Constitution had been violated and the Law from this State was therefore invalid.

It was something with open carry weapon-This State had forbidden it and three organization had accused the local government for violating the Constitution.

Markus
That was Minnesota, and the law prohibited 18-20 year-olds from carrying pistols.
Quote:
Based on a careful review of the record, the court finds that defendants have failed to identify analogous regulations that show a historical tradition in America of depriving 18- to 20-year-olds the right to publicly carry a handgun for self-defense," Menendez wrote. "As a result, the age requirement prohibiting persons between the ages of 18 and 20 from obtaining such a permit to carry violates the Second Amendment."
As for who takes precedent in the law, Federal or State Government. I refer you to the 10th Amendment of the Bill of Rights (The U.S. Constitution):
Quote:
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 laymans terms, the Constitution is the final word in the law. However It's interpretation on the other hand tends to be subjective, which explains the contentiousness between the Executive branch, legislative branch and citizens when it comes to governing.
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