| > This is not a realistic scenario, but does seem to present the argument, that Federal law and the power to enforce it is inherently and legally superior to individual State laws? That's the current state of US law yes. That's why California needs explicit permission from the federal government to have more restrictive air quality laws than the federal standards. It's also quite literally baked into the constitution: >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. Subsequent rulings and case law have largely established that the states and their law enforcement agencies are not inherently bound to enforce federal law, but that is a very grey area with lots of edge cases, and can change substantially depending on the "incorporation" status of the underlying constitutional basis for the law. This is why the drinking age is controlled by highway funding rather than direct legislative imposition, but it's also why the feds can and will send the military in to ensure your schools are integrated. The interplay between the supremacy clause and the 9th and 10th amendments is a very complex part of the legal system but this has been the state of the country for a very long time. > Perhaps we could start with the federal law that made marijuana a Schedule One controlled substance You'll get no argument from me on this front. Especially since there is a federally legal synthetic form of THC that is actively prescribed by doctors for cancer patients. It's called Dronabinol and it's a Schedule III substance. Yes you're reading that right. Psychoactive THC can be obtained via prescription in the US from any pharmacy and that synthetic version is a lower control level than xanax. And all of this in the face of the fact that the plant source of the THC is a Schedule I substance which in theory is supposed to mean there is no known or accepted medical use for the substance. Which seems like a lie. > The argument seems to be that federal laws overrule states', and that underlying idea justifies sending military forces into cities, because, you know, federal laws are being violated, everywhere, like, all the time, man. It's not "the argument", it's the actual law of the land. The fact that the feds can't send in the military is that we explicitly disallow the use of military forces for domestic law enforcement. But that restriction doesn't apply to non-military federal LEOs and even with the military, it's a grey area (see aforementioned use of the National Guard to enforce racial integration). And it's one of the reasons why we should have been concerned about the ever expanding federal powers in general and executive powers LOOONG before Trump had ever considered running the first time. It's part of what makes "legislating" via the courts so dangerous, and what makes the impulse some people seem to have to respond to the Trump administration by way of things like court packing and other attempts to simultaneously empower the federal government without also empowering Trump a dangerous impulse. |