What happens if a state law refuses to enforce a federal law?

I'll give an example. The Federal Law that is probably going to be passed soon that requires restaurants to list calorie counts on their menus.



So let's say that the law is passed. Well the thing is, when a business opens, it is the state, not the federal government, that issues the business license.



So suppose that if and when this federal law is passed requiring them to post calorie counts, a state just said, "Yeah, no, don't worry about doing that, we won't enforce it."



What's the federal government going to do?What happens if a state law refuses to enforce a federal law?
states have a right to nullify any federal law
10th amendment

look at this vid for example
"This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."



Article VI, clause 2. We scholar types call it the Supremacy Clause.



However, this isn't directly relevant here. The Patient Protection and Affordable Care Act of 2009 ("Obamacare" if you don't like it) has *already* been passed with these requirements. Any restaurant that met the PPACA requirements and didn't post calorie counts would be violating a *federal* law. So they would be dealt with in federal court -- and, if necessary, the judgment would be enforced by the U.S. Marshals Service, a federal agency. The state would have no power over it, and the feds wouldn't care one way or the other about a state-issued business license.



(BTW, I hope you aren't the same fellow who kept asking about if states decided to ignore Roe v. Wade. He or she asked the same question about every three hours for a week.)What happens if a state law refuses to enforce a federal law?
That federal law has already been passed. The new federal law requires restaurant chains with 20 or more outlets to disclose calorie counts on their food items and supply information on how many calories a healthy person should eat in a day.

There would be any number of repercussions...or none at all. I guess it would depend on the egregiousness of the flouting of the law. Since the federal law only applies to large chains, I think they'd be following federal law nationwide, so it would be moot.

However, in the past states who have moved to ignore federal laws do get punished (such as Montana's move to nullify the Endangered Species Act could result in the loss of billions of federal dollars for highways and other state projects)

As a rule, states just can't decide not to obey federal law. That being said, there's California and other medical marijuana states who are technically disobeying federal laws. The feds (until recently) have chosen to not enforce those laws.
In the absense of state law.. Federal Law prevails

sometimes there are overlapping laws %26amp; in those cases the law there are formulas to determine which law trumps the other

So.... when a restaurant doesn't follow the federal law, then the person who is concerned (the consumer) follows the procedure put in place to report the violation

Sorta of like violation of Sexual Harassment laws in the workplace... it gets reported to the Feds %26amp; it gets investigated... then once the complaint is proven to be valid fines are assessed


You might also be able to report to the county health department or something along those lines in the case of a restaurant issueWhat happens if a state law refuses to enforce a federal law?
Bring the restaurant owners into Federal Court charged with the violation of Federal law. The fines imposed by the court will bankrupt the restaurant, ending the criminal activity.



What, did you think the Feds would just stand around, wringing their hands and crying because they didn't issue the business license?
The states are not required to enforce federal law, that is federal agents job. Sounds like they will have to create more officers for enforcing restaurant menus now.



Just brilliant, who but the federal government would create a whole nuther agency when we are already broke. Itdiots.
State governments and federal governments each have their own law enforcement agencies charged with upholding state and federal law.
the fed usually try to withhold funding of some type or the other



like they did with the road speeds



or the age of alcohol consumption



or ML K's Holiday
The States have to follow federal law