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Originally Posted by Mr. Joe Locally set rules cannot override Federal Regulations. I'm sure that the Marines have been told to follow Korean rules; however, if it ever came up, any attempt to enforce local rules would be thrown out in federal court.

Local rules can not override Federal Laws in the way that if the Federal law says that is Illegal, then no . If California wants to make it legal they can't. But if the Federal law states that the drinking age is 18 any state can change it to 21 if they want. They are not changing the law, they are adding to it.

In the USFK the drinking age is 21. That is for all USFK personal...if your here TDY from somewhere else and your drinking age there is 19 or for the USMC its 18...too bad. The USFK Regs override that. It's a General Order.

I'm fairly certain that local regulations can be more stringent but not less stringent and still be enforceable.

Also, I don't think Federal court would come into play when dealing with military personnel overseas. (UCMJ)

Ditto...I agree with the poster above me...

USFK is not a sovereign state, but darn close. Korean law applies in Itaewon. Help- get me an international lawyer- quickly! I do remember an old rule in the military-obey your last order first. Usually that works well.

Nah- actually, if I recall correctly, the Marine rule applied on their Marine compounds and at special functions like the Marine Ball...

I doubt if even a lawyer knows for sure, as this new Marine ruling has probably never yet been tested in court. I suspect USFK Courtesy Patrols wouldn't mess with Marines on their last day TDY anyway unless the were particularly problematic.

Doctor, you are correct on the USFK reg holding here. But the part about " If the Federal age was 18 the state can make it 21", won't fly. The Supremacy Clause is the common name given to Article VI, Clause 2, of the United States Constitution, which essentially says States can make NO laws in contradiction to Federal laws. (Drinking age is one of the areas where Federal law is silent, so the age limits vary from state to state.)

One time the Federal Law outlawed whiskey! Prohibition caused such a stink and revolt that the Feds had to repeal it. Now they know better than to mess with that again.