Does federal government have power over states?

The Tenth Amendment declares, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." In other words, states have all powers not granted to the federal government by the Constitution.
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Can the federal government take over states?

See Preemption; constitutional clauses. Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
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How does the federal government maintain more power over the states?

The federal system grants states large autonomy over lawmaking within their borders, so long as they do not violate citizens' rights or contradict federal laws. The federal government is also able to assert power over the states through grants and mandates.
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What powers does the federal government have?

The federal government's "enumerated powers" are listed in Article I, Section 8 of the Constitution. Among other things, they include: the power to levy taxes, regulate commerce, create federal courts (underneath the Supreme Court), set up and maintain a military, and declare war.
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Where do the states get their power?

The Tenth Amendment declares, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." In other words, states have all powers not granted to the federal government by the Constitution.
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Federalism: Crash Course Government and Politics #4



Can a state ignore federal law?

Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws which that state has deemed unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution).
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Why does federal law overrule state laws?

Implied preemption can occur when state and federal laws directly conflict with each other, or when federal laws dominate a field that a state law seeks to regulate. A conflict may occur between federal and state laws when they impose different requirements on a party.
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Do states rights supercede federal rights?

Under the Constitution, the state legislatures retain much of their sovereignty to pass laws as they see fit, but the federal government also has the power to intervene when it suits the national interest. And under the “supremacy clause” found in Article VI, federal laws and statutes supersede state law.
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Can the federal government force states to do things?

Thus the constitutional rules are clear: the Federal government cannot directly compel the States to pass certain laws or act in accord with the Federal government's policy agenda.
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Which power is granted to the federal government but not to state governments?

Delegated (sometimes called enumerated or expressed) powers are specifically granted to the federal government in Article I, Section 8 of the Constitution. This includes the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office.
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What does the 10th Amendment mean in simple terms?

The Meaning

The amendment says that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles.
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Does an executive order supersede state law?

Executive Orders also must be “valid” in order to preempt state law.
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What happens when a state law conflicts with a federal law?

When state law and federal law conflict, federal law displaces, or preempts, state law, due to the Supremacy Clause of the Constitution.
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Why do states have to follow certain federal rules?

States have to follow certain rules because their citizens are also protected by the U.S Constitution and federal laws. In Article VI of the Constitution, the supremacy clause states that the Constitution is supreme over any state laws.
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What if states had the power to ignore?

What would happen if the states had the power to ignore Federal tax law they did not like? If they ignore it it could temper with the economy if they choose to except the tax it could be income for those same people.
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Can state executive orders override the Constitution?

Like both legislative statutes and the regulations promulgated by government agencies, executive orders are subject to judicial review and may be overturned if the orders lack support by statute or the Constitution.
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WHEN CAN states sue the federal government?

L. REV. 845, 849–50 (2012) (contending that States may sue the federal government only to protect their own “federal interests”—rights conferred by the Constitution or federal law—and not to challenge federal preemption).
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What does the 10th Amendment give power to the states for?

“The Tenth Amendment was intended to confirm the understanding of the people at the time the Constitution was adopted, that powers not granted to the United States were reserved to the States or to the people. It added nothing to the instrument as originally ratified.
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Can a state make a law that violates the Constitution?

State or local laws held to be preempted by federal law are void not because they contravene any provision of the Constitution, but rather because they conflict with a federal statute or treaty, and through operation of the Supremacy Clause.
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Do federal agencies have to follow state laws?

Provided, therefore, that the relevant federal agency acts pursuant to properly delegated authority, "[t]he statutorily authorized regulations of an agency will pre-empt any state or local law that conflicts with such regulations or frustrates the purposes thereof". Id. at 64.
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What's the difference between state and federal laws?

Federal law is the body of law created by the federal government of a country. In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law.
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How does federal law affect state law?

There are two basic levels in the U.S legal system: federal law and state law. A federal law applies to the nation as a whole and to all 50 states whereas state laws are only in effect within that particular state. If a state law gives people more rights than a federal law, the state law is legally supposed to prevail.
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Does federal law override state law 10th Amendment?

Since 1992, the Supreme Court has ruled the Tenth Amendment prohibits the federal government from forcing states to pass or not pass certain legislation, or to enforce federal law. In New York v.
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What does the 13th Amendment mean in simple terms?

Passed by Congress on January 31, 1865, and ratified on December 6, 1865, the 13th amendment abolished slavery in the United States and provides that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or ...
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What does the 14th amendment mean in simple terms?

The Fourteenth Amendment is an amendment to the United States Constitution that was adopted in 1868. It granted citizenship and equal civil and legal rights to African Americans and enslaved people who had been emancipated after the American Civil War.
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