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Which Law prevails? Federal law or State law? If a state refuses to abide by a federal law what happens?

The State of Alabama just passed a law that will make Roe vs Wade almost entirely and completely inoperable in that state.

Can state law ignore federal law and refuse to honor it? Whose rights are righter?

Posted - May 15, 2019

Responses


  • 32529
    Happens all the time. Look at pot laws, sanctuary laws, gun control laws. 
    It normally ends up in court. 
      May 15, 2019 6:25 AM MDT
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  • 2706
    Does Roe v Wade supersede state law? This would require that Roe v Wade is actually consistent with the Constitution, which it surely is not. Even pro-abortion legal scholars are aware that Roe v Wade lacks any legal merit. Not long after Roe v Wade was decided, some legal scholars condemned the decision because it's is bad constitutional law, or rather because it is not constitutional law and gives almost no sense of an obligation to try to be.

     The Constitution granted limited powers to the federal government, namely commerce and defense. (Article 1, Section 8). Outside of a few restrictions on the states in Article I, Section 10, everything else is a state issue. As the Tenth Amendment says, “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. So no, Roe v Wade does not supersede state law. Alabama has the Constitutional right to do what they did. Also,  the Supreme Court struck down state laws banning abortion on the basis that they that violated the "Due Process Clause of the 14th Amendment". The Supreme Court invented this idea of “substantive” due process, which is a code word for the Court doing whatever it sees fit. :) This post was edited by rusureamisure? at May 15, 2019 7:13 AM MDT
      May 15, 2019 6:31 AM MDT
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  • 113301
    I appreciate your taking the time to supply this information ru. I do. But I am so confused. Not your fault. I don't always grasp everything I should. Thank you and Happy Wednesday to you! :)
      May 15, 2019 7:14 AM MDT
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  • 6098
    I understand the point of view but once you start making laws to impose your own moral views and principles on others they become restrictive of personal freedom.  But a touchy subject where life is involved.  As it will always be.  I don't follow these things but would guess they are trying to force a court showdown. 

    I became a Republican when the Democrats began wanting to restrict my freedoms.  If Republicans begin to do the same what middle ground is there? 
      May 15, 2019 7:05 AM MDT
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  • 19942
    Laws like Roe v. Wade do not mean that you have to have an abortion if you don't want one.  It means you have a choice, so it isn't limiting anyone's freedom.  It is providing a safe method for ending a pregnancy if the woman so chooses.
      May 15, 2019 8:09 AM MDT
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  • 6023
    rusureamisure? has it correct ... to a point.

    What Alabama is looking for, in pressing the issue, is for the Courts to decide on whether or not a fetus has human rights starting at conception.
    IF the fetus has human rights starting at conception - then Yes, they have Constitutional protections.

    I have to say, at least they are consistent by not allowing exceptions for rape or incest.
    On the other hand, by only charging the doctor who performs the abortion - and not the woman - they are basically ignoring the concept of "murder for hire".

      May 15, 2019 7:09 AM MDT
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  • 113301
    It's way too confusing for me to figger out Walt. Thank you for your reply. I guess all red states will follow suit. This post was edited by RosieG at May 15, 2019 7:12 AM MDT
      May 15, 2019 7:12 AM MDT
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  • 6023
    Here's a list of states with "fetal heartbeat" laws:

    https://en.wikipedia.org/wiki/Fetal_heartbeat_bill
      May 15, 2019 7:19 AM MDT
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