Can states legally enforce federal laws if they choose to?

[Doc Dutch]

The feds won't let states. Just as they let states enforce some other federal laws only getting involved after the fact. So, the feds could allow states to enforce immigration law then come in behind the state to level federal charges after the fact. It is only politics that keeps that from happening.

Agreed to a large extent and would only add interagency rivalry as a problem. Nobody wants to give up their rice bowl.

Just like the military before the 1990s, all Federal agencies are competing for Federal dollars. If an agency lets local LEOs do their job for them, then Congress might see that the Federal agency doesn't need as much money....which will most certainly be pointed out by competing Federal agencies.

If the Border Patrol lets Arizona and Texas do the job, then the ATF, FBI, CIA and all the other alphabets will certainly cover Congress with requests on how they need the funds for their jobs. Everyone needs more money, so everyone tries to protect what they have. It's an old bureaucratic story.

[Into the Night]

Can states legally enforce federal laws if they choose to?

They are REQUIRED to enforce some federal laws, such as conforming to the election process laid out in the Constitution of the United States.

Other than what they are required to enforce, they do not have to enforce any federal law. States ARE required to uphold the Constitution, so if any federal law or action by a federal officer is unconstitutional, they are required to NOT enforce it, and are even expected to arrest any officer attempting to violate the constitutional rights of any citizen of their State.

Can a State enforce a standard set up by the federal government (which requires a federal law)? Yes. They can. Can a State enforce protection of speech? Yes they can. Can a State support an age restriction? Yes they can.

[Into the Night]

States can pass laws that mirror Federal laws, however, they cannot enforce ANY Federal law. And no state can pass their own immigration bill, as that would be unconstitutional.

Any other stupid questions?

What State has passed an immigration bill?

[Into the Night]

sorry, but robbing banks is also a violation of state laws......

While true, it's simply redundant in this case.

[Into the Night]

Bank robbery is not both. States don't prosecute bank robbery, the feds do. The state usually shows up--virtually always--as the ones that arrest the bank robber. The feds then pick up the case. Bank robbery is only a state crime when the bank is not insured by the FDIC or part of that system--a state bank. Those are extremely rare.

Another is felon in possession of a firearm. That's a federal crime the ATF handles. States regularly arrest persons for illegal firearm possession, or even sales / trading. Again, these are strictly federal crimes and prosecuted as such.

Wups. The 2nd amendment clearly states the right of the people to be armed is not to be infringed. The ATF enforcing ANY infringement is unconstitutional.

[Into the Night]

sorry dude, if you don't know what the fuck you are talking about, don't talk......


http://www.legislature.mi.gov/(S(rrm...epository%20of

He does know what he is talking about here. He is correct. Local law enforcement usually handles the arrest of the bank robber (that's enforcement). The result may easily be TWO trials, one for State law and another for federal law.

Example: The so-called 'barefoot' bandit, which broke State laws of Washington by stealing aircraft, and also broke federal law. That same action resulted in TWO trials.

[Into the Night]

so if a state chooses, they can IGNORE federal laws? that's great to know. I've wanted a machine gun for some time now.

It is unconstitutional for any government to ban or limit any weapon. Enjoy your machine gun.

[Into the Night]

Logic which explains why the militias are getting tromped.

You discard logic, and militias aren't getting tromped.

Consider the question "Can a citizen enforce a state's laws such as take out a drug dealer?"

No such law in any State.

Not a lawyer, but I expect the answer is no.

Because there is no such law.

It's all legal shit and jurisdiction....which is one of the problems at Uvalde.

Not the problem with Uvalde.

Who was in charge? It appears it all falls on the ex-Chief.

Democrats, which staged the whole thing, sacrificing those children in the process.

Bottom line, no. Not unless authorized to do so by the Feds.

Simplistic. No, not that simple.

Remember the ramp dispute between Obama and AZ gov. Jan Brewer? Pure jurisdiction dispute between states and Feds.
FWIW, I agree with Brewer: If the Feds aren't going to enforce the law then the States should be allowed to do so for them.

Generally works for me, so long as the law being enforced is constitutional.

[Into the Night]

Okay, then why can't a state do the same with some portions of immigration law?

...such as?

[Into the Night]

I already linked that in post #6.......not saying the current court might not look at it differently, but that is the current SC precedent........

They really have no say in the matter.

[T. A. Gardner]

...such as?

For example, an illegal is arrested for something. The state charges them with illegal entry into the state--not being a legal citizen or legal foreigner--and holds them without bail until the feds pick them up for trial and deportation hearings.

[Into the Night]

For example, an illegal is arrested for something. The state charges them with illegal entry into the state--not being a legal citizen or legal foreigner--and holds them without bail until the feds pick them up for trial and deportation hearings.

There is no such thing as illegal entry into a State.