You misunderstood.Historically, Federal law was held not to apply where it was not specifically dele...

1. Someone just said that "Federal law doesn't apply to the
states". If true what is the point of it? Where does it apply
and why?
You misunderstood.
Historically, Federal law was held not to apply where it was not specifically delegated. That is why,
for example, Jim Crow was permissible in the South. "Congress shall make no law.." is NOT the same
thing as "Alabama shall make no law."
Consequently, when the public accommodations provisions of the Civil Rights Act was brought
before the Supreme Court, its constitutionality was protected on the basis of the Federal
Government's power to regulate interstate commerce and NOT on the basis of the Bill of Rights. To
repeat, "Congress shall make no law..." is NOT the same as "Alabama shall make no law..."
That is also why, by the way, states have passed their own civil rights acts. (You didn't think that
they were doing it for the fun of it, did you?) Federal protections cannot be extended where there is
no demonstrable interstate application.
Now, as a practical matter, it has gotten progressively easier to demonstrate interstate commerce.
As an example, if an automotive business orders a part for a car that is manufactured in another
state, then that is considered in law to be interstate commerce and the Federal Government can
regulate BOTH the car manufacturer and the parts manufacturer subject to provisions in law.
Another example, if a roadside cafe serves customers from another state, that is considered
interstate commerce.
Thus, as a a general rule, the Federal Government can only enforce Federal law if such law meets
one of three tests:
1) It is a power specifically delegated to the Federal Government under the Constitution. Voting, for
example.
2) It is a power derived from the exercise of a legitimate Federal power - see the application of
Federal civil rights laws to states or localities under the interstate commerce clause. See also
environmental laws which are, by definition, interstate in their application. (Air pollution, for
example. The air does not respect state boundaries.)
3) The Federal Government is providing a service or money, in which case the Federal Government
can set the terms under which a state or other entity accepts said funds. (Two examples: 1) The
Federal Government will not dispense Federal highway funds to states that refuse to lower the
speed limit to 55 mph. In effect, the Federal Government forced the states to lower their speed limits
by refusing to give them Federal highway funds if they did not meet Federal requirements. 2) A
contractor that does business with the Federal Government is bound by the terms of the contract it
signs with the government - including applicable civil rights laws, prevailing wage rates, etc.)
The Constitution is the supreme law of the Philadelphia Car Accident philadelphia car accident
lawyer Lawyer land, but the Constitution places restrictions on the jurisdiction of the Federal
Government. (Indeed, it is primarily a listing of what the Feds CANNOT do.) Where the Constitution

2. is silent or expressly prohibits the Federal Government from acting, the Federal Government cannot
act and states, localities and private entities have complete freedom to act.
So, in effect, Federal laws apply to state governments where the Constitution allows those laws to
apply. Where not, Federal law has no jurisdiction over the states.
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