Constitutional Law -- :)

10-Jul-2002, 07:36 PM

State A has a law enacted prohibiting the killing of the endangered spcies "Do-Do Bird"-- making any violation of the killing of the bird punishable by a fine of up to $5000 dollars. Within State A's boarders, is YoSamity National Park... it is enclosed entirely within State A's boundries, and is all federal land.

The Federal Rangers within YoSamity have come to the conclusion that the overflow of Do-Do Birds is causing many other species to die because of the overflow of "do-do" (hence the name). The federal rangers have a one-day Do-Do bird hunt, which the rangers will go out and kill as many Do-Do's as they can, within the National Parks boarders.

The state askes the Rangers to wait 48 hours, but they say no. The state seeks an injunction in federal court to stop the rangers... State A will be:

A. Successful, because State A asked the Rangers to wait 48 hours, a reasonable time.

B. Successful, because the state staute forbidding killing of the Do-Do bird is sufficient to prohibit the killing of the bird within the lands of the state boarders.

C. Unsuccessful, because the federal government has full power when it comes to fedeal actions on federal lands.

D. Unsuccessful, because the federal authority is held to be a higher power than that of state law.

C-ditty

danielson · 10-Jul-2002, 07:42 PM

hmm....not sure how state and federal law works

but

provided C and D are not true it would come down to whether it can be proved that all the other animals would die if the bird are not culled within 48 hrs, they wold place a 48hr wait on the rangers

i also suspect that while in environmental cases it seems more prudent to listen to state rather than federal powers, the federal powers will get priority

manny78 · 10-Jul-2002, 07:45 PM

Will someone tell me why the hell the US doesnt have only one criminal code instead of different laws from one state to another one ? I know I'm off-topic but I'd like to know.

Rockafella Skank · 10-Jul-2002, 08:26 PM

12-Jul-2002, 07:03 PM

C is the correct answer...

The federal government has unlimited powers as what to do with federal lands... they do not have to comply with state laws or statutes in this regard.

C

12-Jul-2002, 07:04 PM

Originally posted by manny78
Will someone tell me why the hell the US doesnt have only one criminal code instead of different laws from one state to another one ? I know I'm off-topic but I'd like to know.

You mean... Common Law... Model Penal Code... different standards for Insanity...??

Diverse states, different communites feel differently on different subjects... it is annoying to me as well... trying to keep track of all the different laws and applications... believe me!

C

spentagn · 12-Jul-2002, 07:08 PM

Now do it with an example of the state trumping the federal gov due to Federalism. I like those better

12-Jul-2002, 07:10 PM

Originally posted by spentagn
Now do it with an example of the state trumping the federal gov due to Federalism. I like those better

Federalism?? I think that went out with the Articles of Confederation and Alexander Hamalton?

C

spentagn · 12-Jul-2002, 07:12 PM

*spitting at C*

12-Jul-2002, 07:21 PM

Originally posted by spentagn
*spitting at C*

C

10-Jul-2002, 07:36 PM	#1
Citruscide Guest Posts: n/a Karmic Power: Karma Hits:	State A has a law enacted prohibiting the killing of the endangered spcies "Do-Do Bird"-- making any violation of the killing of the bird punishable by a fine of up to $5000 dollars. Within State A's boarders, is YoSamity National Park... it is enclosed entirely within State A's boundries, and is all federal land. The Federal Rangers within YoSamity have come to the conclusion that the overflow of Do-Do Birds is causing many other species to die because of the overflow of "do-do" (hence the name). The federal rangers have a one-day Do-Do bird hunt, which the rangers will go out and kill as many Do-Do's as they can, within the National Parks boarders. The state askes the Rangers to wait 48 hours, but they say no. The state seeks an injunction in federal court to stop the rangers... State A will be: A. Successful, because State A asked the Rangers to wait 48 hours, a reasonable time. B. Successful, because the state staute forbidding killing of the Do-Do bird is sufficient to prohibit the killing of the bird within the lands of the state boarders. C. Unsuccessful, because the federal government has full power when it comes to fedeal actions on federal lands. D. Unsuccessful, because the federal authority is held to be a higher power than that of state law. C-ditty

10-Jul-2002, 07:42 PM	#2
danielson Elite Mentor Join Date: Jul 2000 Gender: M Posts: 12,334 Karmic Power: 0 Karma Hits: -1633	hmm....not sure how state and federal law works but provided C and D are not true it would come down to whether it can be proved that all the other animals would die if the bird are not culled within 48 hrs, they wold place a 48hr wait on the rangers i also suspect that while in environmental cases it seems more prudent to listen to state rather than federal powers, the federal powers will get priority

10-Jul-2002, 07:45 PM	#3
manny78 Elite Moderator Join Date: Aug 2001 Gender: M Posts: 28,696 Karmic Power: 310 Karma Hits: 833025	Will someone tell me why the hell the US doesnt have only one criminal code instead of different laws from one state to another one ? I know I'm off-topic but I'd like to know.

10-Jul-2002, 08:26 PM	#4
Rockafella Skank Pro Bodybuilder Join Date: Dec 2001 Posts: 702 Karmic Power: 0 Karma Hits: -51	C.

12-Jul-2002, 07:03 PM	#5
Citruscide Guest Posts: n/a Karmic Power: Karma Hits:	C is the correct answer... The federal government has unlimited powers as what to do with federal lands... they do not have to comply with state laws or statutes in this regard. C

12-Jul-2002, 07:08 PM	#7
spentagn Guru Join Date: May 2001 Gender: M Posts: 6,505 Karmic Power: 103 Karma Hits: 5014 Online!	Now do it with an example of the state trumping the federal gov due to Federalism. I like those better

12-Jul-2002, 07:12 PM	#9
spentagn Guru Join Date: May 2001 Gender: M Posts: 6,505 Karmic Power: 103 Karma Hits: 5014 Online!	spitting at C

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