"You people really should read the constitution. States have powers over and above the feds."
READ Article VI
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
I got two words for you:
Dred Scott
There are many mixed-up would be lawyers out here today. The U.S. Constitution is the Supreme Law of the land, however, this is not a Constitutional issue.
The dispute here arises from state law, and does not implicate Federal law. That, I assume, is why the Judge ruled that Congressional subpoenas were worthless.
Now -- if Congress passes a law that would grant to all the presumption of extraordinary measures in the absense of a specific medical directive, then we would have a Federal law and Federal issue.
To my knowledge, there is no Federal issue hear -- and therefor ethe Feds are without Jurisdiction.
Congress is hosed, because it would need to pass a bill, get the Senate to pass it, and get the President to sign it to make this a Federal issue. That is not going to happen.
Best and only bet here is similar bill by Florida Legislature. But I assume that ship has sailed too.
Whatever happened to 'life, liberty, and the pursuit of happiness'??