thereisnospoon
Gold Member
Incorrect. The Supremacy Clause clearly states that federal law takes precedence ONLY when a state law is in conflict with federal law.Jillian - he is 100% dead on with this post and you know it (hence your lack of examples on where he was so wrong). The federal government has 18 enumerated powers and anything outside of that the state has full power. It really is that simple...
no one denies that the federal government is limited in power by the constitution.
however, what some people fail to understand is that when the federal government passes a law it is presumed constitutional until the courts decide otherwise. the states, if they pass laws that contradicts the federal law, will not be able to enforce their own because
FEDERAL LAW TRUMPS STATE LAW. EVERY. FUCKING. TIME.
so when a state passes a law that says a federal law is unconstitutional it doesn't mean dick because the states aren't the ones that decide that and frankly their opinion is not relevant.
it's called the supremacy clause. look it up.
The limiting language in the US Constitution does not permit the federal government from making law for the sole purpose of usurping the power ( rights) of a state or states.
SO let's say, 15 states outlaw domestic partnerships for the purpose of gaining the right to worker benefits for partners. Does not matter whether the couple is homo or hetero sexual. Anyway, the federal government cannot simply step in and pass a federal law attacking THOSE states. The Congress is within it's right to pass such a law, but it would NOT apply to the 15 states mentioned above.
The precedent exists for this in the 1970 Organized Crime Control Act and the 1992 Professional and Amateur Sports Protection Act which bans wagering on High School, Collegiate and Professional Sporting events. Four states( Nevada, Oregon Delaware and Montana) are exempt because all four allowed such wagering BEFORE the 1992 law was passed.
SO no..Not every fucking day....Just SOME days.