Home     Links     Contact Us     Bookmark  
 
   Homepage      News      Legal Forum      Dictionary  
Home : Legal Forum : Law & Ethics

In the U.S. how is it possible that..................?
Find answers to your legal question.





In the U.S. how is it possible that..................?

If I remember correctly, the U.S. has a Constitution and "common law" system. The Supreme Court of The U.S. hears cases (only) when the Constitutional Laws are "in question".

My question is; How can one U.S. State pass legislation based on a "Constitutional Law" while other States "refuse" the same legislation ?

Yahoo Suggested Category : Physics


    




Dragon
Rating
It all has to do with their interpretation of the Constitutional Law. Often, one State views it differently than another.


Mixtli
It's that damn double standard thing again;

it's everywhere.


kiki
Rating
It would have been easier to answer if it was physics!


chacha
Rating
Hey, this Q isn't funny at all. It doesn't even rhyme. What have I gotten myself into? I feel like I don't even know you any more.

*holds back tears*


synum
...too many hotdogs is bad for your constitution....

<<<<<<<<<< *pleads ignorance*


Buk
Who are you??


It's money; if the interpretation is right, certain funding continues to pour in from certain groups....


Bob Newhart all work/no play
Rating
I'm taking a case of beer and heading over to Charles G's house.... he's got guns....and a fabulous complexion.


Dr h2o
This is Guvenah Aahnold... geeeet ooought!!! Aht the tiime I do nhat have the ansah.
Geeet to the choppa!! Gooo Nooow!!


M K
Rating
Assuming you are serious...

States have their own constitutions and issues related to state constitutionality are heard by state courts. The US constitution governs how the Federal Government works, but the 10th Amendment yields all rights and powers not specifically laid out in the US constitution to be the purview of the states.

State laws cannot violate the US constitution. For example, a state could not make a law saying you do not have a 4th amendment right anymore. State constitutions are often in conflict since those responsible for enforcing them are usually state elected office holders looking out for their own state.

The US does not have a true "common law" system and where these issues come up such as in common law marriages, any legislative act supersedes them.


strine strumpet
This isn't even a medium type question and i'm like...

wtf??


jsmack19
Rating
That is not the only time the Supreme Court hears cases.
They hear any case as between states
Any case that has a question of law that is in disagreement between the circuits.
Federal Appeals
etc...

Your question is pretty vague, do you have a specific example?


Chuckie O
States are separate legal entities, and have constitutions of their own.

The Supreme Court is the final "judge" of what is constitutional and what is not, but before a case is heard there, sometimes there are several different opinions on whether something violates the constitution or doesn't.

For a wild example, what types of guns does the constitution guarantee us to have? None? Only air rifles? Only hunting guns? Pistols? Assault rifles? Nuclear weapons? There is some debate and interpretation.


Abandoned profile
Rating
It is their lawyers interpretation of what the law means. It is rare to find two lawyers that will agree with each other


BlueBelle Got Spanked ©
Rating
I think it has something to do with pork.


Repository Supository
Rating
It's called 'interest' of the majority.. though your right the USA is a republic not a democracy and the law and it's constitution are above the majority.


jekessans
Because whatever law the state passes, it is just a state law and may become part of the state constitution - not a US Constitutional law. They can look to the Constitution (state or US) as a guide when drafting the law but because it is not a change to the US Constitution itself, then each state is free to enact, change, or ratify laws not specifically covered or governed in the US Constitution. For example, the whole Gay Marriage question is because marriage isn't specified/defined to be the union of one man and one woman in the US Constitution but states have tried to add this as an amendment to their state's constitution so that all areas within that state are governed by this amendment.

In order for all states to be held to the same law, the US Constitution would need the addition or a change of an already existing amendment just like the addition of the amendment that gave all women the right to vote was part of the US Constitution and was mandated to be enacted in every state as all states fall under the US Constitution. Whereas, each state has its own state supreme court and its own constitution which is not binding on other states.


jenny
Depends on which side of the side bar you are on, LOL





 Enter Your Message or Comment


User Name:  
User Email:   
Post a comment:




Legal Discussion Forum

 How can I get my boyfriend to stop buying cigarettes for 16 year olds?
I have begged him and he has even told the guy he cant buy anymore and yet he goes back and does it when the guy asks him....


 Frivolous Lawsuit?
I read and saw on yahoo about the neighbors suing the other neighbors because they said that their kids were too loud in the pool. I heard the tape, and they just sounded like kids being kids! What&...


 When pressing charges, how far should I go?
Today at school my son was talking to a friend during PE. Another student came up from behind him and stabbed him in the chest (mid chest to the right of the sternum) with and ink pen. There is a ...


 Is carrying a hidden dictaphone at work legal?
...


 Do you think it is wrong that we monitor phone calls of potential terrorists that are US citizens?
...


 If you were going to court...?
Would you want Judy or Joe?...


 Do u think they should bring back the electric chair?
or maybe the gas chamber. i think lethal injection is to humane for some of the crimes people do. what are ya'll points of view? remember this is my opinion and i want to hear urs!
A...


 If I pay child support to my ex wife and she gets remarried, am I still obligated to pay?
...


 Is it legal to lower your salary?
I know a co-worker of mine gave his two-week notice because my boss lower his salary. My co-worker wanted to cut his days of work. I guess my boss didn't like that. I know that was seriously ...


 You're running from the police and you fall, while you're down on the ground- you are tazed. Is this legal?
...


 Which law is worse: Mandatory seat belt use or price gouging?
...


 I rcvd a mail from stating that I have a job in nigeria ? Is it true ??
SHELL NIGERIA INC. (SNI)
Job Vacancies
TITLE: PRODUCTION SHARING CONTRACT
Job ID: PSC/JV/SNI 01145-07 Nigeria.
Shell Nigeria Incorporation (SNI) has immediate employment
...


 How stupid and unconstitutional are hate crime laws?
Very, in my opinion. How can liberals - the alleged defenders of the constitution - support laws which force you to spend extra time in prison for allegedly having thoughts or feelings deep inside of ...


 Should Anna Nicole Smith be buried it TX, or Bahamas?
Why?...


 If you see someone hit a child can you legally intervene?
If you
see a parent or relative hit or kick etc. a child can
you legally intervene?...


 Is toilet papering houses legal?
...


 What do you have to say about this?
Okay so my boyfriend and i are together. He is 24, and I am 16. My parents are trying their hardest to keep me from him, but I'm at the age of consent. When I asked them why they kept me from ...


 Can you get in trouble for drawing a swastika on a sidewalk with chalk?
Freedom of expression, right? And if I could get in trouble with that, I should get in trouble for drawing a Star of David, since Israel has committed immense atrocities and displaced millions of ...


 When people commit a crime, and go to jail, why do so many not serve their full sentence?
If someone is sentenced , why should they have a chance to get out through parole. why doesn't the sentence they get stick???why is parole even available???
Additional Details
I THIN...


 I owe a drug dealer some money?
a few months ago this guy let me borrow a knife, but i lost it and now i have to pay him back his $50 by tommorow at 5:30 or he'l probly kill me. now obviously you would just pay him back, only ...




Copyright (c) 2009-2011 Wiki Law 3k Monday, May 28, 2012 - Trusted legal information for you.
Archive: Forum  |  Forum  |  Forum  |  Links
0.044