Legal Question in Constitutional Law in Kansas

states rights

If one person immigrates to a state, must that person adhere to the state's legislation, or must the state adhere to that person's legal remedy?

What if the number of immigrants is 51% of the state's original population? In other words, must the populace adhere to the state or the state to the populace?

Supreme Court Justice Stewart raises this question, though through a minor argument, in Roe v. Wade original argument 12/13/71.

If this question has been addressed, please reply with references.

I believe this question goes to State's rights vs. the rights of the individual.

Thank you for your consideration.


Asked on 10/21/05, 1:45 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: states rights

Our actions must comply with the laws of the locale where they are taken. I live in California, but when I visit New York I must obey New York law. The same would be true if I moved to New York.

There are any number of ways the laws of different states can come into conflict with one another, and many of them come up fairly often. There is a complex and well-developed set of rules to resolve these conflicts, but they are much too complex to explain in the limited space available here. Law schools offer entire courses on this subject, so it is not possible to give you a simple answer.

Read more
Answered on 10/21/05, 3:41 pm


Related Questions & Answers

More Constitutional Law questions and answers in Kansas