Saturday, January 10, 2026

Federal vs state

A famous quote says, those who cannot remember the past are condemned to repeat it, and there is an example going on right now. James Buchanan was president just before Lincoln. During his term the southern states were concerned about the potential loss of slavery and began to defy the federal government and Buchanan, believing he lacked the authority stop them, failed to act decisively, leaving the crisis to his successor. During the Biden years many states became sanctuary states and refused to follow federal law. He did nothing and now the problem is in Trump’s lap. The problem is in two parts. First the Supremacy Clause of the constitution states that federal law overrides state law but the Tenth Amendment says that the feds can influence states through funding and regulation but cannot command states to enforce federal law. Second, states can’t block federal enforcement or enact conflicting laws and they are not required to help enforce the laws and the federal government must use its own resources to enforce the law. There are currently situations where the states are blocking federal agents and this is illegal. The states don’t have to arrest criminals and hold them for the feds, so they can release them into the general population and force the feds to find them but they cannot interfere with the feds. They can peacefully protest but they cannot actively interfere with the federal agents.

No comments:

Post a Comment