Does Federal Law trump state constitutions?
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  Does Federal Law trump state constitutions?
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Author Topic: Does Federal Law trump state constitutions?  (Read 4990 times)
Queen Mum Inks.LWC
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« on: March 20, 2010, 11:40:39 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.
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beneficii
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« Reply #1 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.

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U.S. Const., Art. VI
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CatoMinor
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« Reply #2 on: March 21, 2010, 12:03:02 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.
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Bo
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« Reply #3 on: March 21, 2010, 04:53:28 PM »

Yes (not a libertarian).
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beneficii
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« Reply #4 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).
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HoffmanJohn
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« Reply #5 on: March 22, 2010, 03:42:50 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.

Lawrence vs texas is a good example, and normally state law is fine just as long as it does not violate the constitution.
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Stranger in a strange land
strangeland
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« Reply #6 on: March 24, 2010, 01:35:12 AM »

yes: this is why, for instance, the numerous racist provisions of the Alabama constitution can't be enforced.
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Queen Mum Inks.LWC
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« Reply #7 on: March 26, 2010, 01:43:05 AM »

yes: this is why, for instance, the numerous racist provisions of the Alabama constitution can't be enforced.

Well normally racial stuff is a Federal Constitution issue (and I knew that the federal Constitution trumped state constitutions - I just couldn't remember about federal statutes).
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John Dibble
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« Reply #8 on: April 06, 2010, 10:52:29 AM »

Yes, but the the law has to be constitutional to begin with.
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StatesRights
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« Reply #9 on: April 08, 2010, 10:26:10 PM »

The supremacy clause refers to the enumerated powers. Insurance mandates are clearly unconstitutional.
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