Legal Question in Administrative Law in California

Re: administrative law

This is a very complex subject. States cannot violate Federal laws that are intended to regulate the conduct of state governments and state affairs, and states cannot make state laws that would abridge a right guaranteed by most Articles of the United States Constitution, such as the First Amendment (freedom of speech, religion) or Fifth and Fourteenth Amendments (due process, etc.)

On the other hand, the Federal government is a government of "derived powers" and cannot tell the states how to govern themselves except with respect to matters delegated by the states to the Federal government. Although there seem to be fewer and fewer things the Federal government doesn't dictate to the states, there are still a few. That's why we still have state givernments, legislatures and governors.

Even in the area of due process, although there is a Federal "guarantee," the definition of exactly what amounts to due process and what is a denial of due process is generally left pretty much up to each state to decide for itself, through its cilil and criminal procedure statutes and its courts' interpretations.

A great deal of what the U.S. Supreme Court considers in reacing many decisions is exactly what matters are within state jurisdiction, and what matters are Federal, and whether a particular state law or exercise of state power is permissible or unconstitutional.