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Old March 24, 2013, 09:32 PM   #26
Senior Member
Join Date: February 20, 2013
Posts: 194
The questions you are asking Come and Take it get into some extremely sticky legal terms. By the Constitution all state laws are subject to federal law. Thus when a state law is in conflict with a federal law the fed over rules the state. However the Constitution is supposed to be the supreme federal law of this country. Therefore a law that is passed by a state that is in agreement with the Constitution should be the winner if a federal law that is not in agreement with our founding document comes into dispute with that state regulation.

The problem here is that not everyone agrees about what is in conflict with the constitution and we have no road map as to how to interpret this document. It is in the hands of the Supreme Court to do so and there is nothing binding them to reading it a certain way or even basing their rulings on the document. What they say it means is what it means legally. Regardless of what a passage of any part of the Constitution obviously says it is still subject to the Courts rulings on the matter.

And of course when you are talking about legal matters there is never such a thing as cut and dried. It is always a murky swamp with loopholes to exploit.

If you really want a best answer to these questions a lawyer who specializes in such matters would be the best resource as no one else is truly able to speak on such matters with any authority due to the fact that we cannot truly understand the ins and outs of it all. Great questions by the way.
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