Jurisdictions of States
Laws are the methods by which social order is enforced. Laws shape almost every aspect of modern life across the world, independent of social status, location, age, wealth, or any factor that may differentiate one person from another. Each country has a different way in which the law for that country is divised, as well as what is guaranteed in the code of law. The earliest example of a codified system of laws in history is Hammarabi’s Code. Hammarabi’s Code dates from 1750 B.C.E, and was established by the sixth Babylonian king. The seven feet tall stone which bears the code was found in 1901. Laws are generally meant to ensure rights, wither those of individuals, groups of people, or the government.
In the United States there are two intertwined sets of law: state law and federal law. State law covers the legal standing and privilege of the states. Federal law covers those legal responsibilities assigned to the federal government. The differences between the two sets were initially established by the United States Constitution. State laws are not authorized within the text of the Constitution. State law is only referred to in the text as reserved powers. The Tenth Amendment states that any powers not specifically granted to the federal government are left to the discretion of state law. State laws are generally used to manage local concerns. States laws often vary in the ability of local businesses to set hours, and control or restrict the sale of various items. State law varies on who is eligible to enter into marriage, as seen in the myriad state laws prohibiting or permitting same-sex marriages.
State laws are not permitted to invalidate federal laws. Article VI, Clause 2 of the American Constitution, which is known as the Supremacy Clause, establishes the Constitution, Federal Statues, and U.S. treaties as the supreme laws of the land. The Supremacy Clause compels judges uphold federal statutes, evil if state laws are in conflict with the federal. An early Supreme Court case, McCulloch vs. Maryland established that state laws could not tax federal entities. State law is only valid when it does not conflict with a federal one or make the execution of a federal statute unduly difficult to enforce. State law may only be voided when there is a specific act by the federal government to establish a precedence. The specific supremacy of federal law was not established until 1842 in the Supreme Court case Prigg vs Pennsylvania, which invalidated a state law in Pennsylvania which obstructed the effort of a United States Marshal to apprehend a fugitive slave and return the escaped slave to Maryland.
One of current sources of conflict between state law and federal law concerns medical marijuana. Fourteen state laws have legalized marijuana for medical use. Arizona and Maryland have state laws which while not legalizing use can be seen as decriminalizing its prescription or use. All of these state laws, however are in violation of federal statute. The federal government has so far declined to enforce relevant federal laws.
