Jennea Jackson
Professor Angela Traycoff
LEGS 101
30 August 2023
Module Two: Understanding Federalism
The federal government and state government have different powers when it comes to
passing laws. State deals with general health, welfare, and the safety of its citizens. State laws
cannot conflict with the Constitution, this will give power to the Supreme Court to declare that
state law is unconstitutional. Thus, making it unenforceable. Federal and state have their own
jurisdiction, but in some cases they can have what is called concurrent jurisdiction. Which means
they both have the power to regulate or act.The sharing of jurisdiction can become a very sticky
place.
One of the best examples of this is the legalization of marijuana in certain states but
prohibited federally. Meaning if you are not within a state that has legalized possession of
marijuana, you could face criminal charges.
Preemption is the right of the federal government to be the exclusive lawmaker in certain
areas. If a state decided it was going to pass a law that every person charged with a crime had to
pay for their own counsel. That would go against the Constitutional right to a defense attorney.
The right to a defense attorney was already a set Constitutional federal law. Thus making the law
unenforceable because it goes against the Constitution. The federal government has control in
areas where laws have already been established by the government and the state cannot go
against them.
Work Cited
