First time doing this. need recipe!!
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Nature of federal systems. When federal law conflicts with state or local law, one has to take precedent, and it is always federal law (as long as it is constitutionally valid). Same rule as here in Australia.schleusnernavy wrote:I still find it puzzling that we looked in our state statutes book and it said that you could for in home consumption only, but yet the federal gov can come along and allegedly say "no" is that not a little weird though??
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Actually, in the U.S. it is mostly the opposite. The States have certain rights and soverignty that the central Federal gov cannot abridge without due cause.
States often set legal and licensing and other requirements that may contridict Federal provisions on the same issue. There is a case right now being heard by the US Supreme court on whether or not a city (D.C.) mayor has the right to ban firearms even though there is no national "Federal" ban on "all" firearms for citizens (although certain types of firearms, they do). States also have soverignty for which Federal militias (meaning other than your own states National Guard) may enter the boundries of your state without prior approval and/or under national emergency. Even then there are strict protocals they must follow.
The control of what travels across borders of a state..usually resides more with the state than with the federal gov. Alcohol is one of those things. There are dry counties in some areas of the country where no alcohol is allowed. That is certainly not a provision of the US Federal gov, but something imposed by the State/local governing authorities beyond the limitations the Federal Gov has set out.
States often set legal and licensing and other requirements that may contridict Federal provisions on the same issue. There is a case right now being heard by the US Supreme court on whether or not a city (D.C.) mayor has the right to ban firearms even though there is no national "Federal" ban on "all" firearms for citizens (although certain types of firearms, they do). States also have soverignty for which Federal militias (meaning other than your own states National Guard) may enter the boundries of your state without prior approval and/or under national emergency. Even then there are strict protocals they must follow.
The control of what travels across borders of a state..usually resides more with the state than with the federal gov. Alcohol is one of those things. There are dry counties in some areas of the country where no alcohol is allowed. That is certainly not a provision of the US Federal gov, but something imposed by the State/local governing authorities beyond the limitations the Federal Gov has set out.
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It is true that states have certain rights the federal government cannot override, but that is because they are written into the consititution. That is what I meant by "as long as it is constitutionally valid". If they are not guaranteed by the consittution then my bet is the feds can override a state or local law any time they want.
A US example is the laws in some states allowing the medical use of cannabis, but the feds still bust people for it in those states under federal law.
A US example is the laws in some states allowing the medical use of cannabis, but the feds still bust people for it in those states under federal law.
Be safe.
Be discreet.
And have fun.
Be discreet.
And have fun.