PILOT SPIN
Spin Zone => Spin Zone => Topic started by: Ron22 on February 21, 2020, 11:26:24 AM
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https://thehill.com/changing-america/respect/equality/483801-undocumented-immigrants-arrested-in-california-courthouse
U.S. Immigration and Customs Enforcement (ICE) agents reportedly violated a California state law that prohibits immigration officers from arresting undocumented immigrants without a judicial warrant on Tuesday, according to the Associated Press.
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Federal law supersedes State law. The courts should have struck down the State law prior to this incident. Like with gun laws, immigration laws are all illegal
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I think the Fed oversteps their bounds al the time, that said immigration is something that the Feds should be doing.
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Federal law supersedes State law.
Actually, IIRC, it is the more restrictive law that supersedes.
If State law says something is legal and Federal laws says it is ILLEGAL, it is Illegal.
If Federal says something is legal and State law says it is legal, then it is illegal (in that State)
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Actually, IIRC, it is the more restrictive law that supersedes.
If State law says something is legal and Federal laws says it is ILLEGAL, it is Illegal.
If Federal says something is legal and State law says it is legal, then it is illegal (in that State)
That's not my understanding. For instance. Marijuana has been legalized in some states. It is still illegal, but it is just not enforced. If the Feds wanted to the DEA, FBI or other Fed agencies could bust people in those states for possession, distribution, etc.
It is called Preemption, and it can happen on local vs state level also. The City of Pittsburgh passed an Assault Weapons ban. It was struck down by the Courts using State Preemption.
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I think the Fed oversteps their bounds al the time, that said immigration is something that the Feds should be doing.
The federal law enforcement officers don't have bounds. They have jurisdiction over the entire country. A state law cannot change that.
California is flirting very close to sedition here.
Actually, IIRC, it is the more restrictive law that supersedes.
If State law says something is legal and Federal laws says it is ILLEGAL, it is Illegal.
If Federal says something is legal and State law says it is legal, then it is illegal (in that State)
No, that isn't how it works. The Supremacy Clause says that federal law is over state law.
A state may make something illegal by the authority reserved for them in the 10th Amendment. But they cannot legalize something that is illegal at the federal level, they can just not prosecute. it. Marijuana is illegal in Colorado, but not enforced by the state. If the DEA chose to, the could bust ever dispensary in the state under federal law.
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The federal law enforcement officers don't have bounds. They have jurisdiction over the entire country. A state law cannot change that.
California is flirting very close to sedition here.
No, that isn't how it works. The Supremacy Clause says that federal law is over state law.
A state may make something illegal by the authority reserved for them in the 10th Amendment. But they cannot legalize something that is illegal at the federal level, they can just not prosecute. it. Marijuana is illegal in Colorado, but not enforced by the state. If the DEA chose to, the could bust ever dispensary in the state under federal law.
There was a recent case where this exactly happened. I’ll have to go find the specifics again, but some marijuana grower or seller somewhere the state legalized it has been convicted and sentenced to several years in prison by the feds.
I found it.