Can state government make any laws?

Answer 1

As long as the people allow governments to pass any laws they want then be rest assured that is exactly what governments will do. Can they? Is it legal? Are laws inventions of mankind used to coerce the universe to do our bidding? Does gravity exist because Sir Isaac newton wrote it down as if it were legislation? Do we invent laws in some sort of vain attempt to prohibit certain behaviors or do we discover those laws that exist as law because they are universal and proven to be true? How can we even discuss the law, unless we understand the law? Indeed, we are all responsible for knowing the law. So, what then is the law?

In terms of government, the law is the collective organization of the individual right to life, liberty and the pursuit of happiness or property. The laws passed by government, then, are not passed to grant individuals the right to life, liberty, and property, but are passed to protect the individuals rights. That those rights existed before the creation of government is the only reason governments should be created. Governments created upon notions such as Divine Right doctrine, or Communism or Socialism, tyranny, Dictatorship and any other despotic rule, are not governments operating with in the bounds of the law and have perverted the law to serve their own end. The law serves no one, that's what governments are for. The law exists and we as individuals tend to flourish and prosper when we abide by universal laws and tend to succumb to failure when we ignore these laws.

If people are to flourish and prosper, and people should, this means that they as individuals have the right to defend themselves and to pursue ownership of property and to enjoy their lives. It follows then, that if individuals have this right they surely have the right to come together and form a more perfect union whereby they can collectively accomplish better what they require as individuals and what we as individuals require is a strong defense of our rights to life, liberty and happiness. The laws passed that protect the rights of the individual are truly the only valid laws worth passing. Laws that define and implement governmental officers and elected officials are necessary but they are invented laws.. These invented laws that are valid give legal precedence to the notion that invented laws are valid, and if they do not interfere with the rights of individuals then why not? But when invented laws intrude upon the rights of individuals then they are not valid as law, and should be openly challenged by the people and to obey such laws that are clearly an obstruction of justice, would be, in deed, acting against the law.

This is one of the legal principles used when the Nuremberg Court convicted Nazi war criminals. Under Nazi law, these German Officers and soldiers were obeying the law, and this was the defense those on trial used, but the Court rejected that argument and asserted that the laws requiring Germans to murder people simply because of their race, or religion, to act in vile and vicious ways were not valid laws and that people are presumed to know the law and they can not rely upon their government to protect them when they break the law and hope to point to the legislation passed that licensed their criminal behavior.

The legislation passed by governments is not law, it is merely evidence of law by way of statute or bill or constitution. The legislation merely reflects the law and when legislation is passed that does not reflect the law then no law was passed, and it was merely legislation that was passed in lieu of law. The laws passed that reflect the law do so because they acknowledge that no individual has the right to impede nor obstruct the rights of others and certainly no individual has the right to use force to deny other individuals their rights. The only valid reason to use force is to defend ones rights. If no individual can abrogate or derogate the rights of others it follows that the governments created by individuals do not have the right to impede or obstruct the rights of individuals. And most certainly do not have the right to use force to deny any individual their right to life, liberty and property. So, can governments pass any laws they want? No, they can't. Do governments pass any laws they want? Yes, they very often do.

Answer 2

Yes, state governments can make laws as long as they don't overrule any Federal Laws or create laws were the power has been reserved for the Federal Government.