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Edited by Mrph1 on Nov 30th 2023 at 11:03:59 AM
Exactly, it's in clear opposition, but the feds lack the ability to enforce it at a local level, because that's what the state law enforcement is for. The only places with considerable federal coverage are places like military bases and areas with a lot of federal agents working in the area, and it isn't their job to do shit like that.
So essentially, unless it really gives the federal side a huge boner to shut it down, states can do what they want when it comes to rights. At least until the federal side mumbles supremacy clause and forces them to stop.
edited 15th Nov '12 7:19:37 PM by Barkey
So how likely are they to really push Texas and other states to enforce the healthcare mandate? Because after all the Supreme Court folderol, it seems like this would be something they'd want to make damn sure is enforced. Otherwise all that struggle was pretty much worthless.
Anyway, like I said, Dems need better candidates. And we've got some good ones at the Senate level now. It's just Republicans have had a stranglehold so long, and it's structured in such a way as anyone not favored by the establishment (this includes other Republicans) can't get in. There's more too it but the article I read about it was... quite some time ago, actually. Back when Friedman ran. Well, we got two years now, and some Democrats won seats this time. Who knows.
@federal enforcement: The feds can't make Washington and Colorado make pot arrests. They can set up DEA task forces to do it themselves, and send pot smokers to federal prison for it, but they can't expect any help from the local fuzz. Alaska's been that way for a while, and the feds have essentially given up trying.
It's the same with the sanctuary cities. They're not in violation of any law; the city can still order its police to simply not check immigration status or talk to the INS, leaving everything up to the INS to handle with their own money and personnel. As the feds don't have command authority over the municipal governments, there's nothing they can do (though several bills have been tossed around to cut federal funding to said cities).
edited 15th Nov '12 9:25:31 PM by Ramidel
They're not "controlling alcohol," in this case. They're using the power to distribute federal funds to coerce the states into banning underage drinking for them. If, for example, Alaska decided that we wanted to host the annual Babies 'n Beer festival, we could do that, but the feds would reduce the road funds that we get.
I don't think any states do that on alcohol, but I know that on other issues states have done just that; "keep your damn money, we'll do it our way."
edited 15th Nov '12 9:51:20 PM by Ramidel
Yes it did. Section 2 explicitly says that "alcohol use in violation of state law is forbidden." That means states have jurisdiction over alcohol.
Furthermore, NFIB v. Sebelius
ruling struck down Congress's attempts to threaten states (in this case by withholding Medicaid funding for states not expanding medicaid). Using that as a precedent, it would be possible for a state to create its own drinking age law, and sue the US if it tries to withhold local funding.
@Tomu: Huh?
The Feds can have whatever laws they like (subject to the limits of the Constitution). The states can have whatever laws they like (ditto). When the two directly conflict (which is actually pretty rare), the federal law takes precedence.
But in the case of drinking age, it's not a Supremacy Clause issue. The Feds aren't mandating a drinking age, they're twisting the States' arms.
edited 15th Nov '12 10:16:06 PM by Ramidel
So when does the Republican governors' gathering happen?
Also Dems pick up another seat in House
.
There are still 4 House Races still going on.
edited 15th Nov '12 10:29:37 PM by DeviantBraeburn
Everything is Possible. But some things are more Probable than others. JEBAGEDDON 2016@Tomu: In effect, yes. However, as a technical matter, the state can set whatever minimum wage they like; if it's nonexistent, or lower than federal, then the onus is on the Feds to enforce it, while if it's higher, then the onus is on the state to enforce the law.
I'll concede that, in the case of minimum wage, this is a distinction without a difference, but in other areas it can be rather important.
Attacks and retaliations between Israel and Hamas are escalating, causing more deaths of civilians and children, primarily Palestinians.
One of Netanyahu's advisers said "We're not talking about a ceasefire. It's not on the agenda". America, predictably, is supporting Israel. It feels like Netanyahu wants war with Palestine since he's not getting one with Iran.
edited 16th Nov '12 1:04:30 AM by Serocco
In RWBY, every girl is Best Girl.A bloodied Israeli infant in a pink jumpsuit was gingerly rescued from the rubble of an apartment building where three other residents were killed by a rocket fired from Gaza. The three deaths in Kiryat Malachi were the first on the Israeli side.
At the same time, bereaved young parents to the south in Gaza City buried their once-cheerful 11-month-old boy, who had just learned to say "Mama." The boy, Omar Misharawi, was killed Wednesday in an Israeli attack. The explosion tore through the family's home, killing him and his pregnant aunt as the family dived for cover.
And yet, the Americans are only backing Israel, because the Israelis have a lobby in America. Yet another reason why money's influence within politics needs to end.
edited 16th Nov '12 1:10:10 AM by Serocco
In RWBY, every girl is Best Girl.How about Israel in General? Read the article about the Israeli Parliament, the Knesset
*
edited 16th Nov '12 1:24:39 AM by Greenmantle
Keep Rolling On

A state could say "the legal age limit for drinking is 25" basically, but not "18"
This is technically true due to the Supremacy Clause, though a state can defy federal law so long as the federal side doesn't choose to gripe about it. I mean somehow, california has this sanctuary city bullshit, which is against federal law.
And Colorado just legalized weed, so stuff like this happens.