People v. Jose C.

Opinion

WERDEGAR, J.

Welfare and Institutions Code section 602 purports to give our state courts jurisdiction to declare any juvenile who “violates any law ... of the United States” a ward of the court. (Id., subd. (a).) However, Congress has granted federal courts “original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.” (18 U.S.C. § 3231.) We consider whether, under the United States Constitution’s supremacy clause, section 3231 or any other provision of federal law preempts Welfare and Institutions Code section 602.

We conclude…