Mixed

How can states challenge the federal government?

How can states challenge the federal government?

State lawsuits challenging federal law A state may challenge the constitutionality of a federal statute by filing a lawsuit in court seeking to declare the federal law unconstitutional. Such a lawsuit is decided by the courts, with the Supreme Court having final jurisdiction.

Do states have to enforce federal laws?

States may participate in various ways in the enforcement of federal criminal law as well, for example by arresting individuals for federal offenses. But states lack power to enforce federal criminal law directly, such as by prosecuting federal offenders themselves in state or federal court.

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Why do states have to follow certain federal rules?

The Supremacy Clause is a clause within Article VI of the U.S. Constitution which dictates that federal law is the “supreme law of the land.” This means that judges in every state must follow the Constitution, laws, and treaties of the federal government in matters which are directly or indirectly within the …

What happens if a state does not enforce federal law?

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution. For example, the Voting Rights Act, an act of Congress, preempts state constitutions, and FDA regulations may preempt state court judgments in cases involving prescription drugs.

Who is responsible for resolving conflicts between the states and the federal government?

In the United States, conflicts between states and the federal government are adjudicated by federal courts, with the U.S. Supreme Court being the final arbiter.

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Can states fine the federal government?

Supreme Court limits power of states and localities to impose fines, seize property. The Supreme Court ruled unanimously Wednesday that the Constitution’s prohibition on excessive fines applies to state and local governments, limiting their abilities to impose financial penalties and seize property.

Do all states have to follow federal laws?

What is the relationship between the States and the federal government?

The relationship between the states and the federal government. States and the federal government have both exclusive powers and concurrent powers. There is an ongoing negotiation over the balance of power between the two levels.

How has the federal government stepped in during times of crisis?

In times of crisis, like the Great Depression, the federal government has stepped in to provide much-needed aid in areas typically controlled at the state level. Although the general trend has been toward an increase in federal power, the states have also pushed back. For example, in the 1995 case US v.

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What does Article 4 of the constitution say about federalism?

Article IV Article IV of the US Constitution establishes the responsibilities of the states to each other and the responsibilities of the federal government toward the states. Section 1 of Article IV requires that the states give “full faith and credit” to the public acts and judicial proceedings of every other state.

What are the exclusive powers of the federal government?

Exclusive powers are those powers reserved to the federal government or the states. Concurrent powers are powers shared by the federal government and the states. Only the federal government can coin money, regulate the mail, declare war, or conduct foreign affairs.