8/22    Which court has higher power, a US District court or a
        state Supreme Court?
        \_ Federal courts have jurisdiction over Constitutional
           matters, which, unfortunately thanks to the loose
           constructionists (ie. libs), basically means everything.
           So in practice the Fed trumps all.
           \_ Actually, this isn't a liberal/conservative thing, it's
              part of the constitution, Article VI and the precedence
              of McCulloc v. Maryland. However, the Bill of Rights does
              provision that non-delegated rights (read, enumerated rights)
              are reserved for the states. So in other words, if the Fed
              doesn't give a crap about xyz, then the state has the right
              to do xyz. A prime example of this was slavery, which before the
              civil war and 13th was offically a state issue (with
              the exception of the Missouri Compromise when things got out
              of hand).
                        \_ States do not have rights, only people do.
                           \_ Don't forget corporations!  They have rights too.
                              \_ Not really.  Ask Nike.
                           The Constitution was framed to enumerate
                           their state governments.
                           powers delegated to the Federal government,
                           everything else defaulted to the people and
                           their state governments.  The Constitution
                           was meant to restrict the Federal government,
                           not citizens.
                           \_ That's why the 2nd amendment exists, so the
                              government can restrict gun ownership.  Oh wait,
                              uhm, errr, nevermind!
              \_ "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."
                  Amendment X, US Constitution.  In other words, if it's
                  not in the Constitution (or its Amendments), it's a
                  State issue.
                  \_ Uh, not exactly. It basically means any Law passed by
                     Congress is the Law of the Land. If Congress passes
                     an unconstitutional law then it can be contested and
                     overturned by the Supreme Court. However, Congress can
                     try to amend the Constitution so that its law is
                     constitutional. A prime example is Income Tax.
                     \_ Howzabout this:  if it's not in the Constitution,
                        it's a State issue; however, the Fed. Gov. can
                        make it a Federal matter by passing an amendment
                        or passing a law that the courts fail to strike
                        down as unconstitutional.
           \_ looks like the conservatives, particularly Ashcroft, are the
              ones trying to deny state rights these days.  -tom
              \_ hey, you're your dead senator's wife.  what's the problem?
              \_ a politician flip-flopped when it suited him.. really rare
              \_ The Justic Department does not enact laws, they enforce them.
                 National defense is the primary responsibility of the Federal
                 government.
                 \_ True, but the Justice Department also puts heavy pressure
                    on lawmakers of the President's party to toe its line.
                    And sometimes it quite simply ignores laws.  -John
                    \_ "Heavy pressure"?  Golly, that's mean of them!  Those
                       lawmakers that are only held to account by the voters
                       are under "heavy pressure" by some paper pusher
                       appointees in the JD!  Mean, mean, mean, I say!
                    \_ [plonked again]