It was discovered that fifty chimpanzees were shipped from Virginia, and arrived at Maxwell on December 5. Those who are represent Sue Goodall's organization are arguing that the Department of Defense has violated the Alabama law because the Secretary of Defense did not apply for a permit to the Alabama Department of Agricultures and does not intend to do so. Thus, this raises the question can the government conduct an experiment in the state of Alabama that is against Alabama's law? The Department of Defense is arguing that Alabama Humane Experimentation Act cannot lawfully be applied against its proposed experiment. Let us examine these issues and see how the court may resolve them.
One needs to understand that the United States operation its government under a system of government provided for a division of sharing of powers between a national government and state government. The Constitution of the United States provides power to both the national government and state governments. It sets on both governments telling them what they can or cannot do. The Secretary of Defense is saying, "to provide for the common defense" the federal government can conduct the experiment at Maxwell AFB, which is federal property. The state of Alabama says that the federal government cannot conduct those experiments at Maxwell because it violates the state law.
The powers that the Constitution granted to the national government are called delegated powers, also known as enumerated powers. The Constitution in Article I, Section 8 gave the federal government power to: regulated interstate and foreign commerce; coin money; establish uniform rules for naturalization and bankruptcies; raise and support armies and navies, wage war, and conduct international affairs; and establish post offices. The Constitution of the United also gave powers to the states. States can run elections, regulate intrastate commerce, establish forms of state and local governments, and protect public health, safety, and morals.