Does Federal Law trump state constitutions? (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
June 01, 2024, 04:45:40 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Does Federal Law trump state constitutions? (search mode)
Pages: [1]
Author Topic: Does Federal Law trump state constitutions?  (Read 5050 times)
beneficii
Rookie
**
Posts: 159


« on: March 20, 2010, 11:58:42 PM »

A friend and I were discussing this, in reference to health care, and I couldn't remember a specific example that would definitively answer this for me.  I feel like this is something I should know, but I honestly can't remember.

Yes.

Quote
You must be logged in to read this quote.

(emphasis added)

U.S. Const., Art. VI
Logged
beneficii
Rookie
**
Posts: 159


« Reply #1 on: March 21, 2010, 05:21:45 PM »

Normally the Supremacy Clause would say yes, but not if the law in question is unconstitutional which is why such a large number of states are preparing to to challange the Health Care Bill in federal court.

That is correct, because the clause says, "This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; ..." (emphasis added).
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.022 seconds with 10 queries.