Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Can You Explain? I still don't understand... - ? re: Law not debate on right/wrong

I know I asked about this a few days ago and I got an answer; but I don't know maybe I'm stupid today; but I still don't understand.

Federal Law trumps State Law
But City/County/State Officers don't have any authority to enforce said Federal Laws??

Why not? Where is the piece that I'm missing?

Why did AZ have to create a duplicate law?

Why couldn't they have made a law that gave their Officers the authority to enforce existing Federal Laws??

Wouldn't that have prevented all this hub-bub??

Answer Question
 
beachmamaof2

Asked by beachmamaof2 at 11:10 PM on May. 13, 2010 in Politics & Current Events

Level 17 (4,173 Credits)
Answers (10)
  • I like to know as well, I'm confused like you.
    mommy_of_two388

    Answer by mommy_of_two388 at 11:15 PM on May. 13, 2010

  • No States chose if they want to uphold the federal law. States make their own laws. Federal laws are more of a guidline.
    Anonymous

    Answer by Anonymous at 11:23 PM on May. 13, 2010

  • That's not true Anon.

    States CAN make their own laws; however Federal Law supersedes State Law.

    ie: CA can say medical marijuana is legal all day long til they're blue in the face from passing bills but IF the DEA cared enough they have the authority to go in and bust each and every one of those places on a Federal level.
    beachmamaof2

    Answer by beachmamaof2 at 11:30 PM on May. 13, 2010

  • What the Arizona law does is make a state crime out of something that already a federal crime. This defines moreso the State and Local law enforcement jurisdiction to enforce the federal codes they have just adopted into their state laws.

    grlygrlz2

    Answer by grlygrlz2 at 11:36 PM on May. 13, 2010

  • One example ~AZ adopted this Federal Law~Title 8 of the U.S. Code. Section 1304e~ requires that "every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him.Those who fail to comply will be guilty of a misdemeanor and will be fined $100 and can be imprisoned up to 30 days.


    Now, (based on AZ law)~if law enforcement makes a lawful stop, detention, or arrest~ officers can enforce this Federal Code they have adopted.

    grlygrlz2

    Answer by grlygrlz2 at 11:40 PM on May. 13, 2010

  • The consequences are different. AZ gives you a free ride to immigration. The federal law charges you up to a hundred dollars and thirty days in jail.
    lovinangels

    Answer by lovinangels at 11:40 PM on May. 13, 2010

  • Grly that's part of what I don't understand...why don't State and Local officers already have authority or jurisdiction to enforce Federal codes/laws if those codes/laws inherently trump anything the state might have?

    I can't think of another Federal Law that a state wouldn't also have anyway as an example; but I mean are there other instances where there's a Federal Law but not a State Law so State & Local officers are like meh go ahead and get away with it?!!???!!!! Just doesn't seem quite right to me.
    beachmamaof2

    Answer by beachmamaof2 at 11:49 PM on May. 13, 2010

  • why don't State and Local officers already have authority or jurisdiction to enforce Federal codes/laws if those codes/laws inherently trump anything the state might have?

    To put it in a very simplified form, they are two different systems, just like your county sheriff won't respond to an incident inside city limits (unless the city police specifically request their help) and the city police don't respond to calls outside the limits. Technically speaking, city/state laws trump local city ordinance, but they still don't cross that line. It just works out that usually city and county have similar if not identical laws. Or to look at it from the other extreme - FBI is domestic, CIA/NSA are global, and 9/11 happened in part because FBI agents stationed with NSA were not allowed to tell their FBI boss what they knew from the NSA work they did - it wasn't their jurisdiction.
    NotPanicking

    Answer by NotPanicking at 1:20 AM on May. 14, 2010

  • ^^ Thanks NP
    grlygrlz2

    Answer by grlygrlz2 at 6:28 AM on May. 14, 2010

  • I get what NP is saying; I guess I just don't understand why.

    I mean a law is a law right? If I'm speeding in the county a city cop isn't going to ignore me; he's going to pull me over and either ticket me himself or call for a county sheriff to do it; etc...

    So I don't understand why local/state officials wouldn't have the same authority when it comes to Federal law situations...??
    beachmamaof2

    Answer by beachmamaof2 at 11:53 AM on May. 14, 2010

Join CafeMom now to contribute your answer and become part of our community. It's free and takes just a minute.