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One more thread for the big brains on the board
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alcimedes
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2007-04-04, 19:00

Can you think of anything that's legal under state law, but illegal under federal law?

Not just things that state law doesn't cover, but rather things that states have legalized that federal law prohibits? I'll positive rep each unique example.

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Moogs
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2007-04-04, 19:07

Err... any particular area of law? That's a pretty wide-ranging question you're asking. But some of the first things that come to mind: the hunting of certain free range animals that might be legal (you could even get a license for it) at the state level but perhaps illegal on the federal if it was porked into some bill.

Fictitious example: Montana allows the Greater Green-Tailed Deer to be hunted from May to July on years ending in 7, but it's on the federal endangered species list.

Something like that... IOW, the state law hasn't been amended or voted on, to reflect the federal law. I'm too busy to actually go to the library, look at the books and find examples (in order to get my point of merit).

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cosus
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2007-04-04, 19:13

Yeah. Marijuana, ie, California. Legal to smoke here but ruled that it's still against federal laws. While it is legal to sell and consume marijuana in California under certain circumstances, the federal government has in the past and recently won a ruling over their continued ability to do drug busts. Yet still, neither law has changed. Confusing ehh?

There are probably some antiquated laws that still exist that have that conflict. Like in Texas they had a law saying that a man and woman cannot live together if unmarried (un-enforced), however under our right to privacy, such a law is constitutionally illegal.

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Windowsrookie
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2007-04-04, 19:14

Legal drinking age is 21. But in Wisconsin you can drink with parental permission.

Does that work?

(Slight rant, We can drive, and vote for our president. But can't drink until 21.....)

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alcimedes
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2007-04-04, 19:45

The feds never set a legal drinking age, but they told the states that if the states didn't raise their age to 21, they'd lose federal funding for their highways, so that doesn't work.

Is there a real world example of the hunting one? That could be one.

The marijuana one is the only example I could think of.

Are there any other [b]specific]/b], real world examples?

I figured with this board full of brains someone would have law trivia tucked away there.

Google is your frenemy.
Caveat Emptor - Latin for tough titty
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Chinney
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2007-04-04, 19:49

Quote:
Originally Posted by cosus View Post
There are probably some antiquated laws that still exist that have that conflict. Like in Texas they had a law saying that a man and woman cannot live together if unmarried (un-enforced), however under our right to privacy, such a law is constitutionally illegal.
That's not a matter of state law conflicting with federal law, that's a matter of state law conflicting with the Constitution.
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cosus
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2007-04-04, 20:03

Isn't the constitution federal law?
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Chinney
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2007-04-04, 20:08

Not exactly. It's the meta-law of the federation, that governs both federal law and state law, and the relationship between them.
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709
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2007-04-04, 20:24

Importing of prescription drugs from Canada violates federal law (FDA), but a few states allow it. Minnesota, for example, actually encourages it. That's the only other thing that panned out when Googling. I'd thought that sodomy might be illegal federally, but apparently it's not. Though, same-sex marriages are headed for a national/state rift.

So it goes.
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Windowsrookie
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2007-04-04, 20:26

Yeah Canada's asprin is 10x more affective than then ours, when we go up to Canada we stock up.
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Naderfan
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2007-04-04, 21:54

What about physician-assisted suicide? I believe Oregon legalized it (at least for awhile) though it was still illegal under federal law.
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zippy
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2007-04-04, 22:09

What about the right for homosexuals to marry? Aren't there a couple of States that legalized this? I know it is still against Federal law.
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alcimedes
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2007-04-04, 22:10

Ooh, 709 and Naderfan and zippy are dead on!
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709
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2007-04-04, 22:58

Quote:
Originally Posted by zippy View Post
What about the right for homosexuals to marry? Aren't there a couple of States that legalized this? I know it is still against Federal law.
Massachusetts is the only state that allows same-sex marriage, though that might not last for too much longer (hence my comment about the upcoming rift).
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zsummers
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2007-04-05, 00:24

Quote:
Originally Posted by zippy View Post
What about the right for homosexuals to marry? Aren't there a couple of States that legalized this? I know it is still against Federal law.
It is not exactly "against" federal law for homosexuals to marry. There simply isn't any federal law one way or the other, as marriage is a regulatory domain for the states. The DOMA act (federal law) simply says that one state (Texas, for example) doesn't have to recognize a same-sex marriage from another (Massachusetts, for example), not that same-sex marriage is outlawed.

As to the original question, there are plenty of acts outlawed by the feds but not by the states. Virtually any act that is illegal once done by crossing state borders, for instance (crossing a state border for the corruption of a minor is an example), or by putting something into the stream of commerce that does so. Military crimes are another example, as are immigration related violations (although these are often civil violations, not criminal). But these are made illegal by the feds and not the states simply because the states do not have the power to regulate them, not because they've explicitly said they are okay.

My sense is that you actually may be looking for something where a state explicitly says X-activity is okay but the feds say X-activity is not okay. The one that pops to mind most clearly is medical mary jane (already mentioned above). So you could look into the Angel Raich case. Also, you might look into peyote use as well, as I believe it is classified by the feds as an illicit substance but allowed by some states for religious worship. Otherwise, off the top of my head, there's nothing I can really think of that fits. I guess you might count the states that give up federal funding to allow a higher speed limit, but technically the higher speed limit isn't made "illegal" by the feds.
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cosus
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2007-04-05, 00:39

Well, actual I don't think federal law outlaws gay marriage. Clinton passed a defense of marriage act, but all that does is say that marriage in one state doesn't have to be held up in other states.

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