Texas State Law and Federal Comparison

Understanding The Difference Between The State Law Legal System And Federal Law

In the United States, its citizens are governed by both the state law legal system as well as Federal law. The freedoms that are enjoyed by U.S. citizens are largely tied to the ability to travel freely across state lines without the need of passports or any special provisions. In general, Americans are governed by the Constitution of the United States but with regard to many laws such as those covered under driver’s license, marriage, the union of same-sex partners, as well as some of the newly enacted marijuana laws, all fall under State provisions.

Federal law will always supersede state laws but in some cases such as the newly enacted legalization of marijuana in some states, allows for those within that state to have in their possession and to use marijuana. But they cannot cross state lines with it because under federal law it is still an illegal substance. Similarly, if a same-sex couple has legally wed in a state where the laws allow for such a union but they go to another state where that type of union or marriage is not recognized then within that state they do not have the same rights as a married couple would.

Which Law Prevails And Why?

Often people dealing with assault issues outside and inside the home have the understanding that the state law gives them the most benefit. If not contact a Williamson County assault lawyer.  But within the Constitution of the United States is something called the supremacy clause. When state law and federal law conflicts, then the federal law will usually supersede the state provisions. Usually, when a person follows the state law within the state they are okay. There may be some circumstances where federal law enforcement agencies intercede within the state but usually, this is not the case.