If the constitution gives states the power to make their own laws , and California has legalized medicinal marijuana . Then why is it okay for the feds to close down marijuana or ‘smoke’ shops.
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because federal law trumps state laws
IMO they should not have that much authority. If California want’s to let people smoke pot that is California’s business. They do after all have their own republic government. The federal government is supposed to be an agent of the states, and it isn’t supposed to be their dictator.
I don’t live in California or smoke pot.
Azz_tarc, federal law DOES NOT trump state law. The Constitution specifically states that those powers not granted to the federal government remain in the hands of the people or the states.
It is not okay for the fed to do so, but they operate under an expanded view of the Interstate Commerce Clause.
Because there is a clause in the US Constitution called the Supremacy Clause which basically says any laws that are contrary to US law is not a legal law. Contrary to what other people have said here and what people think, federal law trumps state laws.
This clause can be found in article VI section 2 of the US Constitution.
Article 6 of the US Constitution states: This Constitution, and the Laws of the United States, which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.
The 10th amendment states: 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.
To the extent a VALID Federal law exists, if overrides both State law, and State Constitutions.
That leave the question of if Federal laws against marijuana are valid. According to the 10th amendment, a Federal law is valid only if the Constitution delegates the power to pass laws on the issue to the Federal government, or prohibits the States from passing laws on the issue. In the case of marijuana, I see no such authority delegated to the Federal government.