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Post by pjohns1873 on Jan 17, 2014 6:20:57 GMT
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Post by ShivaTD on Jan 20, 2014 14:26:59 GMT
Are the People of Tennessee and the Republicans in the legislature ignorant of the "Supremacy Clause" of the US Constitution?
Article VI, Section 2, of the U.S. Constitution is known as the Supremacy Clause because it provides that the "Constitution, and the Laws of the United States … shall be the supreme Law of the Land." It means that the federal government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power. In the Supreme Court decision McCulloch v. Maryland it was firmly established as well as the fact that the States may be subjected to action based upon federal law.
I always find it ironic that so many Republicans oppose the provisions in the US Constitution whenever it conflicts with their political agenda. Democrats do it as well but we must admit that Republicans are far more likely to disregard the US Constitution than the Democrats in their actions.
Of course if Congress passes a law that's unconstitutional they the States can challenge it in federal court to avoid having to comply with it but wait..... Republican States did challenge Obamacare in federal court and the Supreme Court ruled it was a Constitutional exercise of the Powers of Congress already. Guess the States are just going to have to comply with the law. I will give credit to Fox News for pointing out that the legislation will probably be deemed unconstitutional by the State Attorney General's office as that is unquestionably true based upon Constitutional legal precedent based upon the Supremacy Clause. Other states have tried to override federal legislation with state laws and the federal courts have consistantly struck down those state laws as unconstitutional.
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