Detailed Note on State and Federal Law

It is not difficult to find differences between the federal law and state law. While the federal government has enacted many laws to govern corporations, states tend to restrict or entirely forbid them. In instances where the federal law conflicts with a state law, then the conflict is resolved by the state law, not the federal government. However, there are very few cases in which there is no conflict between a federal law and a state law. This is because the U.S. Congress passed a number of bills intended to protect the rights of citizens, while the state legislatures passed laws intended to protect their interests.Do you want to learn more? view publisher site

Federal laws differ from state law primarily in that they cover criminal offenses. Criminal laws vary from state to state, with each state having differing laws on felonies and misdemeanor offenses. Federal laws also have a much broader definition of what actions constitute criminal offenses than do state laws. Federal laws can be referred to as “laws of general jurisdiction” and are thus practically preempted by state law. However, state laws may include some preemptive measures for protecting victims of crimes, like mandatory minimum sentences.

Federal laws and state law are rarely in conflict for crimes that are not specifically enumerated in either the state law or federal law. Federal law covers natural disasters and acts of terrorism, but does not extend its coverage to minor felonies or misdemeanor crimes. States generally rely on the federal law to define the substantive offense and impose additional penalties for the more minor crimes. States rarely rely on the federal law to extend their substantive criminal justice provisions beyond what are necessary for their state law systems to function.