Federal Law oversees State Law whether we like it or not
Within Constitutional limits.
And the Supreme Court in the KELO case say if the people want change they must get the state to enact them.
And the Constitution trumps federal law.
There is this little thing called the Constitution that requires the Fed to have jurisdiction. That have none in this case.
Only if the Government has jurisdiction.
The Fed’s can’t just say “Blacks can’t vote in TX regardless of what state law says”. They have to have constitutional authority first. In the cases that the feds have constitutional authority then yes Federal Law will always trump state or local law. Then the Supremacy clause would kick in.
You mean Constitutionally speaking or “for all intents and purposes”?
Because you are right in the first regard, but only in those instances where the US Constitution specifically sets forth that it is a federal power. All other rights belong to the states or the citizens...Constitutionally speaking.
That's Constitutionally false. The Federal Constitution overrides State law, yes. But Federal Statutes can only override State law when they a) are Constitutional, and b) can Constitutionally be applied to the case at hand. In cases where the commerce clause is the primary Constitutional authority for the law, it cannot Constitutionally be applied to any act that is not a commercial transaction crossing State lines. Those are the Constitutional requirements, regardless of what any bureaucrat or invalid-on-its-face court decision may say.
Not if the federal law is unconstitutional. The argument is that a law that regulates purely in-state commerce is unconstitutional. The courts will have to aettle this. Given that a federal court will make the ruling, the argument will likely fail. Then again, the ONLY law struck down on this basis was a federal school zone gun ban.
“Federal Law oversees State Law whether we like it or not”
But the federal government’s power is restricted by the Constitution. The fed seems to think they have no limits. Matter of opinion but who has the most guts to stand their ground is who will win.
I think We the People are becoming meaner than junk yard dogs as we are tired of the tyranny from the feds.
cant have it both ways...
Federal Law oversees State Law whether we like it or not
Only in areas that the federal government is given Constitutional authority.
Not in the case of “physician assisted death” in Oregon, Gonzales v. Oregon, 04-623
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=04-623
Perhaps so. But what the state CAN do is to forbid any cooperation or interaction between any state law enforcement agency and the BATFE. Including not accepting any federal grants which would be conditional on such cooperation.
Only if the Federal law is within a power granted to the Federal government by the Constitution.
At least that’s the way it would be if the first ten amendments weren’t numbered 1,(ignore),3,4,5,6,7,8,9,(ignore).