quick question...

[Ferocious]

Can the U.S. Supreme Court declare some part of a state constitution....unconstitutional based on U.S. constitution?


For example, let say the people of Texas voted for a state constitutional ammendment barring free speech in that state. Could the U.S. Supreme court step in and strike down that ammendment?

Thanks

 

[maddogchen]

Wouldn't that be up to Texas' Supreme Court?

 

[CycloWizard]

The US Constitution supersedes any state Constitution or law, so yes. A state can't make a law or amendment that contradicts federal law or constitutionality.

 

[Ferocious]

Originally posted by: CycloWizard
The US Constitution supersedes any state Constitution or law, so yes. A state can't make a law or amendment that contradicts federal law or constitutionality.

Ok that's what I thought....thanks.

 

[polm]

What about all of these "Medical Marijuana" laws that are permissible at the state level ? Aren't they in violation of federal law ?

 

[CycloWizard]

Originally posted by: polm
What about all of these "Medical Marijuana" laws that are permissible at the state level ? Aren't they in violation of federal law ?

I don't think the federal government has laws regarding specific drugs. If they did, then possession of pot would be a federal offense and you'd be tried in a federal court.

 

[Infohawk]

US Constitution is the supreme law of the land. And the Supreme Court gets to interpret the law.

 

[piasabird]

There are plenty of federal laws about drugs. In some states they use the federal drug laws about pot. Utah does last time I checked. Some states have chosen to charge people with lesser crimes or lesser statutes to keep from clogging up the legal system.

There are some things that are controlled by the states and not by the federal government. As an example states control the driver's License and they make rules of the road in each state as well as issue tickets. However, they may also be federal laws which supersede state laws. Things like jurisdiction between the states and how different states honor a marriage performed in another state.

The supreme court does not have to hear cases based on state law. The supreme court can refuse to hear certain cases. Sometimes they say there is not an injured party and refuse to hear a case or they feel the law is so cut and dry that it is not worthy of hearing.

 

[3chordcharlie]

Originally posted by: polm
What about all of these "Medical Marijuana" laws that are permissible at the state level ? Aren't they in violation of federal law ?

Federal Law is not the same as Federal Constitution, so it isn't nearly as clear-cut whether a state can make a law directly in opposition to a federal law.