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There are laws with both Federal and State that are not constitutional laws.
The system of law used in America today is much more Admiralty/Maritime law, not Common Law as it was originally intended by the constitution. Therefor Federal Laws are usually forced upon the STATE and the PERSONS who RESIDEthere.
What else can I help you with?
What are the key differences between federal and state court systems in terms of jurisdiction and authority?
The key differences between federal and state court systems lie in their jurisdiction and authority. Federal courts have jurisdiction over cases involving federal laws, the Constitution, and disputes between states. State courts have jurisdiction over cases involving state laws, local ordinances, and most civil and criminal matters within their state. Federal courts have authority to interpret federal laws and the Constitution, while state courts have authority to interpret state laws and their own state constitution.
For any disagreement that may arise between a state and the federal government - the authority is the WHAT?
Constitution!
What is the orgin of state control of health insurance?
The US Constitution and the limits it places on federal authority.
Which constitution amendment has been used to restrict the scope of authority by the federal government over the state?
10th.
What became the final and supreme authority in disputes between the federal government and the state governments?
The U.S. Constitution
What is the highest authority in the nation?
It depends on what type of government the country has-it could be president, dictator, tyrant, etc.
Citizens of Ohio must abide by the rules and laws in their state constitution. They also have to follow the rules and laws in the US Constitution. Why is this?
The U.S. Constitution is the highest authority in the country.
What is the difference between federal and state courts in terms of their jurisdiction and authority?
Federal courts have jurisdiction over cases involving federal laws, the Constitution, or disputes between parties from different states. State courts, on the other hand, have jurisdiction over cases involving state laws and disputes between parties within the same state. Federal courts have authority to interpret and apply federal laws, while state courts have authority to interpret and apply state laws.
What takes priority State Constitution or State Regulations?
Federal. The dual government is set up in such a way that if federal and state are in conflict, federal trumps. The order is as follows: Federal constitution Federal statute Federal case law Federal regulations and administrative law State constitution State statute State case law State regulations and administrative law
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.
In a federal government the states are more powerful than the national government?
No. Because of the tendency of the Supreme Court to rule in favor of the federal government as well as the "supremacy clause" (Federal Laws override state laws if there is a conflict) in the constitution, the federal government exercises more authority and overall power than state governments.
Can federal courts overrule state courts in legal matters?
Yes, federal courts have the authority to overrule state courts in legal matters when there is a conflict between state and federal law. This is based on the Supremacy Clause of the U.S. Constitution, which establishes that federal law takes precedence over state law.
