Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: coloradan
OK, it's called the Supremacy Clause. The Oakland City Council can't pass an ordinance which would conflict with a federal statute on the same point.
14 posted on 01/31/2003 3:46:16 PM PST by Mr. Lucky
[ Post Reply | Private Reply | To 10 | View Replies ]


To: Mr. Lucky
OK, it's called the Supremacy Clause. The Oakland City Council can't pass an ordinance which would conflict with a federal statute on the same point.

Isn't that a bit turned around? The Tenth Amendment states:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

Since the Constitution doesn't delegate to the United States the power to regulate drug use, agriculture or State laws, so long as those laws aren't specifically prohibited to the States by the Constitution, (and in this case they are not) then it would seem that the supremacy of Constitutional law favors the State here.

71 posted on 01/31/2003 7:51:42 PM PST by TigersEye (Democrat - the abortion party.)
[ Post Reply | Private Reply | To 14 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson