§ 399 State Legislative Authority Limits

This law says the state can only use the rules in this part if the state is allowed to make those rules, unless the U.S. Constitution or a federal law says the state can.

Key Takeaways

•State rules only work when the state has the power to make them.
•If the state doesn't have that power, the rule can only work if the U.S. Constitution or a federal law allows it.
•The law stops the state from over‑reaching into areas that belong to the federal government.

Example

The state tries to make a rule about who can vote in federal elections.

Because voting in federal elections is controlled by the U.S. Constitution, the state rule would not work unless a federal law says the state can do it.

The provisions of this Division shall not be construed to apply to the extent to which they are not within the legislative power of this state, except in so far as they may be permitted to apply under the provisions of the Constitution of the United States or the acts of Congress. (Enacted by Stats. 1937, Ch. 368.)

This law says the state can only use the rules in this part if the state is allowed to make those rules, unless the U.S. Constitution or a federal law says the state can.

Key Takeaways

•State rules only work when the state has the power to make them.
•If the state doesn't have that power, the rule can only work if the U.S. Constitution or a federal law allows it.
•The law stops the state from over‑reaching into areas that belong to the federal government.

Example

The state tries to make a rule about who can vote in federal elections.

Because voting in federal elections is controlled by the U.S. Constitution, the state rule would not work unless a federal law says the state can do it.

Key Takeaways

Example

Key Terms

References

§ 399 State Legislative Authority Limits

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References