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The federal government does not always intervene when there is a conflict because they choose not to. Their reasons for abstaining may differ, but they reserve the right. The best example of this is medical marijuana; it is illegal under federal law, but several states have legalized it. The federal government has intervened, but they don't really want to challenge the laws.

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9y ago
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8y ago

Instances when this occurs are limited. When a federal law is ignored by a state or city, it generally means that their are "party politics" at play. Or the federal government knows the law is out of date and it's a small issue that will either be fixed or done away with.

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Q: Why doesn't the federal government always intervene when states defy its authority?
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The final authority under the federal system is?

The correct answer is the Constitution...in the end the government always has to go to the source of governmental power, which is, the Constitution.


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Where do state courts get their authority?

State courts have always had their own authority. In colonial times, each separate colony maintained its own government and tended to its own business legislatively and judicially. Thus, states already had judicial authority. There ws no federal government to superced state government in areas of federal concern as there is today. Before the US Constitution was created, the new United States operated under the Articles of Confederation. Under the Articles, states retained all of their original autonomy and authority especially with regard to judicial matters relating to their own legal matters. The US Constitution created a federal government that has only certain specific and limited powers that affected the states as a single country rather than as a group of individual state governments. The federal government's authority superseded state authority in those national areas but left state authority that did not conflict with the federal authority intact. Judicial matters that arose only under state law were left to the state courts to handle. In order to enforce federal law in a consistent manner from one state to another, the Constitution created federal judicial authority but it was only over federal matters such as issues that arose under federal law. These are referred to as "federal questions." Therefore, the Constitution simply allowed the states to retain their already existing judicial authority. This was accomplished in the Constitution in Article III, which created the federal judiciary and gave it authority over federal questions. The Tenth Amendment stated that all powers not given to the federal government were retained by the states. Since the Constitution did not take away state court authority over internal matters, state courts retained that authority.


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Since a federal offense can mean any crime committed on U.S government property, and you can comment a misdemeanor on U.S. government property; it stands to reason that this misdemeanor would then be a federal offense.


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In the United States, the states have always regulated eligibility and validity of marriage. Only once before, in the issue of interracial marriage, did the federal government overrule states rights in this regard.