Does federal law overrule state law?

Question

I'm wondering this, because I am being forcibly drugged against my will under a commitment. I am anti-psychiatry. I wish to remain drug free once my commitment is up. This medication is VERY debilitating. I requested a packet of patient rights, and under Minnesota law it states that if a patient is deemed incompetent as far as their treatment goes they must be forcibly drugged, however, federal law states that you have the right to refuse treatment, clean and clear, no loop holes, or if and's or but's.

So I hope this would never happen to me in the future again, but if it does, do I have the right to refuse treatment under federal law? Or do I have to take the state laws seriously as well?

Answer 1

Federal laws trump state laws. Since you were ordered by the court to take the drugs then you have to take them. While you have the right to refuse treatment you do not have that right if ordered by the court. State laws have to be taken seriously as well, but if the federal government decides to step in then(which they probably wont in your case) they will win. I'm pretty sure the Feds would put something in there about a person's competency to refuse so i think more research might need to be done.

Answer 2

Many state laws overrule federal laws, such as where state laws provide more stringent requirements than the federal laws, or where the federal laws are designed in cooperation with federal laws. For example, you may need a federal environmental permit to build something, but the local state's building code will tell you how to build it. The federal government is restricted, in the Constitution, to dealing with federal issues, so many state laws have NOTHING at all to do with federal laws and only the state laws apply. Contrarily, some federal laws specifically pre-empt state laws, such as the federal copyright statute that eliminates many state-based laws of similar effect.

Answer 3

Unfortunately, Al Qa`ida operates in the USA. Most doctors are not all that brave and the Al Qa`ida DRUG DEALER "we as AMERICANS for the most part know and love" has FAR more money from illicit dope sales and money laundering than the Cops, or the Judges, or Congress.



Maybe not Obama, he's brave enough to just print money...



But what does this mean to you?



Well if you are like most Americans (most Americans "like" getting high no matter how suicidal the cost), you have bought your own shallow grave, and voted in the least responsible people you can find.



What did you expect? A peace prize?



Under "neo-conSERFative" courts the Feds have little to no control. If you've been paying attention ~ not a singular American trait ~ you are well, or sick to your stomach, but aware that Neo-conSERFative courts pretty much do whatever gets the most Americans in JAIL (1/3 of us are either in JAIL or currently on PAROLE). Then they sell the prison labor under the table all too very often.

Answer 4

Federal law doesn't state that.



You have a constitutional right to refuse medical treatment if you are otherwise of sound mind and body. If you've been committed, then that doesn't apply to you.



It's like this: You have a constitutional right to not be locked up in jail. But, that doesn't apply if you;ve been convicted of a crime & duly sentenced.

Answer 5

What federal law would that be that says you can legally make decisions for yourself after being deemed mentally incompetent to make decisions for yourself?



If you are unable to make decisions for your self for whatever reason (underage, unconscious, mental incompetent, etc.) someone else legally makes those decisions for you. If you are committed to a mental hospital, then they are the ones to make those decisions.





*EDIT* - Please provide the statute for the federal law that allows to deny medical treatment if you are ruled incompetent? If you are competent, both state and federal law allow you to deny medication. But if you are declared incompetent, you cannot legally make those type of decisions.

Answer 6

My advice is move to another state where laws are different. The Feds don't buck a court order.

Answer 7

No federal law doesn't say that.