Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: ellery
"No, the supremacy clause says that federal law valid under the US Constitution trumps state law."

Yep.

"If the founders intended to allow federal powers to trump state powers in any and all ways, the 10th Amendment would make no sense."

Well, there are federal powers ... and all the rest are state powers. So says the 10th.

The powers don't conflict. In this case, the federal law written under the power to regulate commerce conflicts with the state law written under the police power of the state.

35 posted on 01/15/2007 4:59:31 PM PST by robertpaulsen
[ Post Reply | Private Reply | To 33 | View Replies ]


To: robertpaulsen
The powers don't conflict. In this case, the federal law written under the power to regulate commerce conflicts with the state law written under the police power of the state.

"I write separately only to express my view that the very notion of a ‘substantial effects’ test under the Commerce Clause is inconsistent with the original understanding of Congress’ powers and with this Court’s early Commerce Clause cases. By continuing to apply this rootless and malleable standard, however circumscribed, the Court has encouraged the Federal Government to persist in its view that the Commerce Clause has virtually no limits. Until this Court replaces its existing Commerce Clause jurisprudence with a standard more consistent with the original understanding, we will continue to see Congress appropriating state police powers under the guise of regulating commerce."

-Clarence Thomas

36 posted on 01/15/2007 5:02:24 PM PST by tacticalogic ("Oh bother!" said Pooh, as he chambered his last round.)
[ Post Reply | Private Reply | To 35 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


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