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To: mrs9x

That may work.

However, it depends on how the federal courts will interpret the supremacy clause.

If the fed courts rule the fed standard overrules the state, that would end the state's higher standard.


274 posted on 06/23/2005 8:53:34 AM PDT by rwfromkansas (http://www.xanga.com/home.aspx?user=rwfromkansas)
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To: rwfromkansas

No, you are wrong. The SC has held that state constitutions may have stricter provisions than those allowed by the federal constitution.

For example, California can have stricter environmental standards than those of the federal EPA. The supremacy clause does not trump.


314 posted on 06/23/2005 9:02:15 AM PDT by mrs9x
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