Up until this point the federal government has taken the position that it will
not enforce federal law in those states that permit recreational marijuana usage.
It argued that the can
not enforce federal law and such an action is at the discretion of the congress under the Supremacy clause.
Not exact matches
The same can
not be said for the Trump administration's top health officials — a substantial departure from the Obama administration's prominent public information campaigns and unusual considering the
federal government is still tasked with
enforcing the
law.
«I will
not commit to never
enforcing federal law.
In essence, Holder and others at the Justice Department said they would
not enforce federal drug regulation
laws when it comes to marijuana - related transactions in states that authorize and closely regulate cannabis sales.
Even if they did, we exist to protect every person in our city —
not to
enforce federal immigration
laws.»
CSPI supports the recently passed
federal law for mandatory disclosure of GMOs, and believes there should be a national standard for non-GMO labeling
enforced by the USDA and
not a consensus - based standard such as the Non-GMO Project Verified seal seen on many labels.
The
federal government could, however, decide to resume
enforcing these
laws any time it wanted to and the states would have little - to - no recourse to stop it from doing so, other than attempting to argue in court that
federal drug
laws aren't authorized under the Constitution in the first place.
For example recently there was a discussion if Jeff Sessions will start
enforcing federal laws regarding Marijuana (Obama administration decided
not to
enforce a certain
law and now Sessions plans to end that practice).
The sanctuary cities are claiming that this permits them to
not have to
enforce federal immigration
law.
This has historically been interpreted by the courts to
not allow the
federal government to obligate local government to
enforce federal laws and regulations.
Federal agencies may have difficulty
enforcing a
law without the support of a state, but that doesn't change the constitutional position that constitutional Federal law is superior to State Law and «judges are bound thereby&raqu
law without the support of a state, but that doesn't change the constitutional position that constitutional
Federal law is superior to State Law and «judges are bound thereby&raqu
law is superior to State
Law and «judges are bound thereby&raqu
Law and «judges are bound thereby».
It appears to run afoul of
Federal law, but it's
not clear how you would
enforce it in a state where they ignore some
Federal laws already.
Instead of fighting to repeal the entire set of stricter gun
laws, a bi-partisan group of lawmakers has introduced legislation to chip away at parts of the Safe Act that have proved hard to
enforce, been rejected by a
federal court, and, in one case, has
not been implemented yet.
While a
federal lawsuit unfolds, Attorney General Eric Schneiderman has agreed
not to
enforce certain provisions of a new state ethics
law passed requiring charitable organizations giving money to lobbying campaigns to disclose far more of their donors, according to the plaintiffs in the suit.
Among other provisions, the county measure calls for county employees to
not stop, question, interrogate or arrest individuals «solely for the purpose of
enforcing immigration
law»; to
not perform the functions of a
federal immigration officer; to honor detainer requests from
federal agents only in specific limited situations; and to deny
federal agents access to inmates in county custody.
Among other provisions, the measure calls for county employees to
not stop, question, interrogate or arrest individuals «solely for the purpose of
enforcing immigration
law»; to
not perform the functions of a
federal immigration officer; to honor detainer requests from
federal agents only in specific limited situations; and to deny
federal agents access to inmates in county custody.
«I will fight to strengthen our immigration policy — I will ensure that our commonwealth will
enforce the state
law if the
federal government will
not.»
Though the
federal government has signaled it will
not enforce those
laws in states that have made marijuana legal, state Sen. Diane Savino said U.S. attorneys would have the
law behind them in an enforcement action.
January 30, 2013 • The National Riffle Association's top lobbyist told senators that
federal authorities need to
enforce existing gun
laws,
not punish the «little people» with new regulations.
Regardless of the incentives contained in
federal laws like the Elementary and Secondary Education Act, the Supreme Court has repeatedly held that the
federal government may encourage but may
not simply «commandeer» state governments to implement or
enforce federal policies.
Beginning with the original supplement -
not - supplant provision in 1970, the
federal government has had a responsibility to
enforce this requirement of the
law.
Federal laws and regulations
enforced by The
Federal Trade Commission (FTC) require debt relief companies to disclose the disadvantages of each debt relief program, but companies don't always do so.
Prosecutors working in an agency that
enforces criminal
law may qualify to have some of their Perkins Loans (
not Direct Loans) forgiven under 34 CFR (Code of
Federal Regulations) Section 674.57.
Despite the contradiction, Congress and the courts have decided
not to
enforce federal law in states where cannabis has been legalized (Jeff Sessions
not withstanding).
Because AAFCO regulations do
not provide a clear definition of human grade ingredients, because FDA doesn't
enforce existing
Federal laws that should prevent anything less than human grade ingredients into pet food, both organizations further the great divide between pet owners and trust of pet food.
We plan on upholding all state and
federal laws, of course, but we don't plan on going beyond that to specifically
enforce quality of content or check to see if players have told us the truth about owning their work.
One individual sued U.S. Steel because
federal and state
laws were
not being
enforced and was awarded millions.
There are
federal and state
laws that are
not being
enforced that spell out $ 10,000 dollar fine for each killing of a Golden Eagle.
The court ruled that the Act's procedural steps could
not be
enforced through
federal injunctions and directed the Federal Circuit to determine the availability of state law injunctions on
federal injunctions and directed the
Federal Circuit to determine the availability of state law injunctions on
Federal Circuit to determine the availability of state
law injunctions on remand.
487.11 Either a peace officer or a public officer who has been appointed or designated to administer or
enforce a
federal or provincial
law and whose duties include the enforcement of this or any other Act of Parliament may, in the course of their duties, exercise any of the powers described in section 487, 492.1 or 492.2 without a warrant if the conditions for obtaining a warrant exist but it would
not be feasible to obtain a warrant because of exigent circumstances.
Until the new UAE
Federal Arbitration
Law is enacted,
enforcing an onshore Dubai - seated arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are
not recoverable in the Dubai Courts).
Often conspiracy to deprive someone of their civil rights is used as a
federal offense when there is a state level acquittal, and it isn't impossible to imagine that happening in this case as the victim had a right to the protection of the
laws, and the state had a right to
enforce the criminal
laws, which was deprived in a manner that could be called «under color of state
law.»
This memorandum does
not alter in any way the Department's authority to
enforce federal law, including
federal laws relating to marijuana, regardless of state
law.
Federal laws are usually
enforced by
Federal law enforcement as they can
not force states to do so.
The impetus for Price's series and his underlying article («Enforcement Discretion and Executive Duty «-RRB- comes from several recent American episodes, such as President Obama's decision
not to
enforce certain provisions of the Affordable Care Act (see e.g. here), the policy
not to pursue certain breaches of
federal drug
laws and the policy
not to seek minimum sentences for some drug offences.
The authority of
federal officials to
enforce every
federal law does
not vary by jurisdiction.
While Congress can
not force the states to expend legislative or administrative resources in
enforcing a
federal law, states affected by
federal laws must bow to them under the Supremacy Clause.
This could be done to
enforce any
federal law, and the marshals didn't have to try civilian methods first.
It's additionally worth noting that the presence of a
federal law here doesn't mean that states or municipalities can't also make and
enforce equally or more restrictive
laws.
The U.S.
Federal Trade Commission (FTC, tasked alongside DOJ with
enforcing antitrust
law) in general, and its current Competition Bureau Director in particular, does
not like these settlements.
In addition, states can enter into compacts which are agreements between two or more states on matters of
law that the
Federal Government can
not enforce (the most famous being that a drivers license issued by any state is valid as another state's license.
And should I ask a different, broader question about differences in
federal or state
laws and common
law codes and ideas of them
not being
enforced?
When an instance that our privacy policy does
not explicitly stay in line with
federal, state, or local
laws, insurance or otherwise than the
enforcing regulation wins.
Most drivers may
not be aware that city, state, and
federal traffic
laws are
enforced even on public beaches.
Under this
federal law, lenders may
not enforce an otherwise valid due - on - sale clause if a mortgage or property is transferred as a result of a divorce decree, legal separation agreement, or a property settlement agreement.
The appeals court said unlawful detainer lawsuits are a routine civil
law matter and don't affect the state's ability to
enforce its own
laws, and so it's proper for a
federal court to address a case like this.
-- including a lien on the stock of a cooperative housing corporation (a «co-op»)-- no lender can
enforce its due - on - sale clause due to any of the following prevalent circumstances: (1) The creation of a lien (or other encumbrance subordinate to the lender's security instrument) that does
not relate to a transfer of rights of occupancy in the property; (2) The creation of a purchase money security interest for household appliances; (3) A transfer by devise, descent, or operation of
law on the death of a joint tenant or tenant by the entirety; (4) The granting of a leasehold interest of three years or less *
not containing an option to purchase (5) A transfer to a relative resulting from the death of a borrower; (6) A transfer where the spouse or children of the borrower would become owners of the property; (7) A transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the borrower becomes an owner of the property (8) A transfer of the borrower's property into an inter vivos trust in which the borrower is and remains a beneficiary and which [trust agreement] does
not relate to a transfer of rights of occupancy in the property; or (9) Any other transfer or disposition described in regulations prescribed by the
Federal Home Loan Bank Board.