US Politics Thread 2021

[mapuc]

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

[MaDef]

Originally Posted by mapuc

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.

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):

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.

[mapuc]

Thank you MaDef

I did as you said and read some pages about your 10th Amendment

I found this passages Which I need some explanation on.

The Tenth Amendment confirms the understanding of the people at the time the Constitution was adopted1 that the powers not delegated to the federal government by the Constitution are reserved to the States respectively, or to the people.2 In this sense, the Amendment is merely declaratory—a truism that all is retained which has not been surrendered.3 Justice Joseph Story characterizes it as a mere affirmation of a necessary rule of interpreting the Constitution:

Being an instrument of limited and enumerated powers, it follows irresistibly, that what is not conferred, is withheld, and belongs to the state authorities, if invested by their constitutions of government respectively in them; and if not so in vested, it is retained BY THE PEOPLE, as a part of their residuary sovereignty.4

Markus

[MaDef]

Let me put it in Layman's terms:

The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people.

So in this case the Feds already have jurisdiction via the second amendment.

[mapuc]

Originally Posted by MaDef

Let me put it in Layman's terms:


So in this case the Feds already have jurisdiction via the second amendment.

Thank you

Markus

[MaDef]

You're welcome.