state vs federal Essay

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Federal Vs State Policy Comparison
Brittney Alig

CJA 464
Robert Powers

Each state has their own specific unique laws established individually for their state. In conjunction with those laws that exist over the people in their specific state there are also federal laws that govern the states as well as the people who live in them. These laws that govern the people are known as state laws and federal laws. The U.S. Constitution is the supreme law of the land in the United States. “It creates a federal system of government in which power is shared between the federal government and the state governments. Due to federalism, both the federal government and each of the state governments have their own court systems (Comparing State & Federal Courts, 2013)”.
The Constitution provides the federal government the authority it needs to handle the nations international affairs as they deal with foreign policy, this enables the federal government to create and establish the national defense needs of the nation, and it also allows them the power to handle and deal with the issues which are currency related inside the nation. The federal government is superior to state government, and, because of this federal law will override state law.
The Fourteenth Amendment in the United States Constitution designates that the Bill of Rights valid in each state. According to the Constitution federal law is designated to govern items passed in legislation by the United States Congress, and federal law is meant to govern the executive decisions and orders made by the president of the United States. Federal law is also meant to uphold the decisions made by the federal courts according to the rules outlined in the Constitution. The United States Supreme Court is used as the final arbiter for resolution in cases in which the concern is federal law, and federal laws are codified in the United States code and are more powerful and hold a greater weight than the state law (FindLaw, 2012).
State law in short, is the law of the land that governs each state separately. Each state has their own unique designs of laws and each state has their own laws, which are created in their own legislation. The laws that each state creates are created as a bill and passed in each individual state by his or her own state legislature and are approved and signed by the specific state’s governor. The problem with their relationship is that habitually while there is a requirement to exist in general they cannot coexist and when this happens conflicts arise. When conflicts arise the problems are generally taken to federal courts to attempt to find a resolution (The Federal Legal System, 2014).
According to Cornell University Law (2012), “Furthermore, all federal, state, and local officials must take an oath to support the Constitution. This means that state governments and officials cannot take actions or pass laws that interfere with the Constitution, laws passed by Congress, or treaties. The Constitution was interpreted, in 1819, as giving the Supreme Court the power to invalidate any state actions that interfere with the Constitution and the laws and treaties passed pursuant to it.
The general concern with the medical marijuana problem is that although some states have made it a legal substance, which could indeed be used for medical purposes, the fact still remains that even though states have made it legal by federal law, it is a substance that is illegal. Some states have chosen to take the initiative to make marijuana and its sell and distribution legal as long as a doctor is treating those purchasing it and have a legitimate need for it (NCSL, 2014).
State and federal law are in direct conflict in this situation and although the state will not take action against those that they have given the ability to sale and distribute marijuana for medical purposes but the problem that exists with this is that the federal law does not allow the sale of marijuana
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