When you or someone you love is facing criminal charges, it is wise to start doing your research to better understand the law and what to expect during the court process. The most fundamental place to start is learning the difference between state and federal law. One area of the law involves misdemeanor convictions, while the other deals with felony convictions. Read on to learn what you need to know about state and federal laws, including what they are, when they were created, who created them, their constitutional power, and much more.
State Law
State law refers to the laws that each individual state of the United States of America uses to govern its citizens. They are enacted by the state legislature and are implemented with the governor’s signature. State laws are only applicable in their own state, however, many states share the same types of laws. These laws not only apply to state residents and visitors, but also apply to business entities, corporations, and all other organizations that operate within the state’s borders.
When a person breaks a law at the state level, they face being convicted of a misdemeanor. There are multiple levels of misdemeanors, all of which come with their own separate set of penalties and procedures.
Federal law
Federal law was created by the United States Congress. Before a law can become federal law, a bill must be passed by both houses of Congress and signed by the President of the United States. These laws apply to everyone in all 50 states, regardless of citizenship. The US Constitution forms the basis of federal law by establishing the power and responsibility of government, as well as protecting the rights of citizens.
When a person breaks a law at the federal level, they face being convicted of a felony. There are multiple levels of serious crimes, all of which come with their own separate set of repercussions. Common federal crimes include murder, sexual assault, fraud, robbery, and drug trafficking.
power comparison
Most of the time, state laws parallel federal laws, but sometimes they conflict with each other. When it comes to domain, federal law always trumps state law because the US Constitution gives the federal government superiority over state government. So if there is ever a case where both levels of the law are in conflict, the federal ruling will apply.
On the other hand, if state law grants more rights to a citizen, it is presumed to prevail over federal law. Although state laws may give their residents more rights than federal laws, they are not intended to diminish or restrict the rights of a US citizen.
