The Balance Between State and Federal Law

With gay marriage, and a variety of other “hot button” topics, there has been a lot of conflict over whether or not marriage is a state issue or a federal issue. In the example of same sex marriages, you have seen as more and more states have jumped on the boat to encourage and allow same sex marriages in their state. However, it’s going to the Supreme Court, once again, and some states are saying that allowing the Federal Court to have a say is overstepping their bounds.

How Do You Know the Difference?

federal stateThis is a classic issue in this debate, and it doesn’t just happen with marriage either. Taxes, minimum wage, the legality of marijuana and other drugs, and a variety of other topics have been debated and discussed, especially when trying to figure out exactly what the states have a say in and what the federal government has a say in.

The line here is kind of blurry, sadly. Why? Mainly because the federal government is given certain powers in the Constitution, but the Constitution didn’t exactly account for everything that we were going to encounter at this point in time. Because of that, we are left scratching our heads at some of the topics that end up going to the higher courts.

Does it Matter?

The answer to this is absolutely yes. Courts are there to help figure out if laws adhere to the Constitution. If we aren’t sure who has the right to make specific laws, then how can the court make that determination? That’s why judges on these courts are trained in how to interpret the laws of the land. By having that knowledge, they can guide state and federal governments so that they don’t impede on the rights of their people.

Are there issues that the Federal Government is involved in that they shouldn’t be, according to your understanding of law? Or, are there issues that States are trying to deal with that they really shouldn’t be? Let us know your thoughts about this topic in the comments!

Bobby Zirkin is a personal injury lawyer Baltimore. Visit his website to learn more about how he can help you with your case.

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