Sueing the Federal Law

[HighwayMan]

I think what surprises me the most about Casey's question is that he is a 17 year old senior in high school who wants to sue the government for NOT enforcing federal marijuana laws.

Yes, will wonders never cease?

 

[Shadowbunny]

I think if people are open to learning, they can learn by being fed information. Teachers feed students information but teachers leave it to the students to absorb and apply what has been presented. The benefit to having an attorney help with legal matters is that an attorney has already been fed the information and absorbed it and has learned how to apply it.

I try to direct posters to the sources where they can find the information they are requesting. What they do with the information after that, and how they do it, is left up to them.

Following, for Casey's benefit, are two additional links to information, this time to sources on the Federal Tort Claims Act.

The 'Lectric Law Library: http://www.lectlaw.com/def/f071.htm

The US DOJ: https://www.justice.gov/civil/federal-tort-claims-act-litigation-section

Following in Quincy's footsteps, I'd like to suggest you watch this episode of Adam Ruins Everything. I think you'll find the history of marijuana laws in the US to be fascinating.

http://www.trutv.com/shows/adam-ruins-everything/blog/adams-sources/adam-ruins-drugs.html

 

[Cneckar]

I think what surprises me the most about Casey's question is that he is a 17 year old senior in high school who wants to sue the government for NOT enforcing federal marijuana laws.

I'm not against marijuana either. I just think that if it's federal law then all states should go by it. This goes for Sanctuary cities. I am just annoyed by the Obama Administration picking and choosing what laws should be enforced and shouldn't.

Texas is a very republican state and Texas wants to ban abortions but we can't because the federal government won't allow a complete ban over abortions. They only allow us to regulate on how early you can actually get an abortion. It's just hypocritical.

 

[CTU]

I'm not against marijuana either. I just think that if it's federal law then all states should go by it. This goes for Sanctuary cities. I am just annoyed by the Obama Administration picking and choosing what laws should be enforced and shouldn't.

Texas is a very republican state and Texas wants to ban abortions but we can't because the federal government won't allow a complete ban over abortions. They only allow us to regulate on how early you can actually get an abortion. It's just hypocritical.

Oh honey, let me explain something to you.

Every administration is guilty of cherry-picking. You're just too young, too naive, to know better.

 

[Cneckar]

Oh honey, let me explain something to you.

Every administration is guilty of cherry-picking. You're just too young, too naive, to know better.

I understand that and I know there is a bias in everything but I would like it if the President of the United States of America would enforce federal law. What's the point of federal law if POTUS is going to just ignore it?

 

[CTU]

I understand that and I know there is a bias in everything but I would like it if the President of the United States of America would enforce federal law. What's the point of federal law if POTUS is going to just ignore it?

You don't understand how the law works, which is natural - you're still a child. Nothing bad about being young and clueless; you'll learn as you get older.

 

[Cneckar]

You don't understand how the law works, which is natural - you're still a child. Nothing bad about being young and clueless; you'll learn as you get older.

There's nothing more to understand about this current topic. Federal law trumps state law. It's one of the federal governments job to enforce federal law.

 

[cbg]

Go to your Civics teacher and ask him/her to explain to you the concept of State's Rights.

Also the legal responsibilities of POTUS.

Then come back and tell us what you've learned.

 

[Cneckar]

Go to your Civics teacher and ask him/her to explain to you the concept of State's Rights.

Also the legal responsibilities of POTUS.

Then come back and tell us what you've learned.

Does the Federal Law not trump State Law?

 

[Zigner]

Does the Federal Law not trump State Law?

Kind of - and this is a GREAT thing to talk to your teacher about.

 

[Cneckar]

Kind of - and this is a GREAT thing to talk to your teacher about.

I have already asked my teacher about this and he says the same thing. He says "If it doesn't have any affect on you, you can't sue." Which is false. I'm not on this forum just to get random comments saying ask your teacher. I'm on this forum because my question isn't getting answered anywhere else.
I'm not trying to be rude and I'm sorry if that came out rude but I'm simply on this website to get answers and have a sort of "Debate" and information exchanging.

 

[Zigner]

I have already asked my teacher about this and he says the same thing. He says "If it doesn't have any affect on you, you can't sue." Which is false. I'm not on this forum just to get random comments saying ask your teacher. I'm on this forum because my question isn't getting answered anywhere else.
I'm not trying to be rude and I'm sorry if that came out rude but I'm simply on this website to get answers and have a sort of "Debate" and information exchanging.

Now I get it. Your question IS being answered. Instead of figuring out the reasoning behind the answer, you insist that the answer is wrong. Ask your teacher about "standing" as it relates to these matters.

 

[LdiJ]

Thank you and everything but quite frankly he's not a lawyer. I am really thinking about doing this because it's a big topic. If I couldn't sue the federal government then could I sue the states for not complying with federal law?

What you should think about researching is the constitution and how federal and state laws apply in general. No, you could not sue the states for not complying with federal law because this is one area where state law trumps federal law.

You also cannot sue the federal government for not enforcing the law because they have very little ability to force such a law in a state who laws are different.

You also cannot sue either the state or the feds because you have no damages.

 

[CTU]

There's nothing more to understand about this current topic. Federal law trumps state law. It's one of the federal governments job to enforce federal law.

Oh dear. You're stubborn and obtuse.

 

[LdiJ]

Does the Federal Law not trump State Law?

No it does not automatically trump state law. The Constitution of the USA reserves some matters for the states, and some matters for the federal government. Federal Law trumps over those areas reserved to the feds, state law trumps on those areas reserved for the states.

I will give you one example of how that works...speed limits on highways. Many years back the federal government decided that 55 miles per hour was the top speed that should be allowed on highways. However, they had no authority to enforce any kind of speed limits, that was the state's jurisdiction.
Therefore the feds offered federal highway funding as an incentive for the states to adopt 55 as the maximum speed.

That worked for a while, but then the states (certain states in particular) found that 55 was just too slow, and decided to forego the federal funding and raise their speed limits. Eventually the feds gave up on the whole idea.