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Legal Question on Stolen Valor? Federal vs State?
I'm sure you might be aware that some states still have laws claiming that dressing in military uniform is illegal and you can be subject to prosecution. I believe even claiming to be a soldier while in civilian attire (assuming you've never served) is illegal in some of these states.
Now, as of 2013 the Stolen Valor Act was amended claiming that you are subject to criminal charges if you fraudulently gain from the impersonation or claim to have received a set medal, cross, or combat badge.
-My belief is that states cannot imprison an individual for dressing up as a soldier or claiming to be a soldier unless they financially benefit.
I made reference to US Constitution Article 6 Clause 2 (Supremacy Clause) and general federal preemption laws.
-The individual with whom I argued claims that states are merely "adding onto" the federal law and thus still applicable. Thus, The states can still detain you for wearing the uniform.
Note: I'm not seeking legal advice as to whether or not I can impersonate a soldier. I merely want to know how the law applies in this situation.
2 Answers
- Little PrincessLv 76 years ago
The supremacy clause kicks in when state and federal laws are in conflict. It does not prevent states from having supplemental laws to its own. For instance, suppose there was a federal law that made it illegal to possess more than 50 sudafed tablets. There could also be a state law that says it's illegal to possess more than 40 sudafed tablets. Those laws do not conflict with each other, but rather supplement each other, since the federal law says nothing about quantities less than 50.
On the other hand, there's a federal law that says your right to free speech shall not be infringed. If the state made a law that did infringe upon people's free speech rights, the federal law would reign supreme and trump the state law.
But, enough with the theoretical and more to your point. The Supreme Court ruled the original Stolen Valor Act to be unconstitutional. Congress modified the law to fall more in line with a crime of fraud. A state may still have a Stolen Valor law on the books which doesn't include the part about financial gain or some other benefit, but once they attempt to enforce it, the courts would strike the law down. The law can stay there until it's either repealed or stricken down. The Supreme Court's decision overturning the federal version of the law doesn't automatically strike down all the various state laws. Those would have to be handled on an individual basis.
The thing that many people don't realize is that merely lying is not a crime. It's when you attempt to defraud someone or receive some sort of benefit from that lie that it becomes criminal. Politicians know that if lying were outlawed, they'd all be hauled off to jail.
- yogicskierLv 76 years ago
You can dress however you want. It's your First Amendment right.
Once you try to use that to defraud somebody, you're in trouble.
You can't wear a Medal of Honor or similar medals, though, unless you earned them. You also can't claim to have gotten one--whether you wear it or not--for the purpose of gaining monetary or financial benefit.
