<.i>Introduction
The preemption doctrine derives from the Supremacy Clause of the Constitution which states that the "Constitution and the laws of the United States...shall be the supreme law of the land...anything in the constitutions or laws of any State to the contrary notwithstanding." This means of course, that any federal law--even a regulation of a federal agency--trumps any conflicting state law.
Preemption can be either express or implied. When Congress chooses to expressly preempt state law, the only question for courts becomes determining whether the challenged state law is one that the federal law is intended to preempt. Implied preemption presents more difficult issues. The Court has to look beyond the express language of federal statutes to determine whether Congress has "occupied the field" in which the state is attempting to regulate, or whether a state law directly conflicts with federal law, or whether enforcement of the state law might frustrate federal purposes.
Federal "occupation of the field" occurs, according to the Court in Pennsylvania v Nelson (1956), when there is "no room" left for state regulation. Courts are to look to the pervasiveness of the federal scheme of regulation, the federal interest at stake, and the danger of frustration of federal goals in making the determination as to whether a challenged state law can stand.
There is more
Have friends overseas that do not understand why the US cannot do what they did in Honduras. Spent quite awhile trying to explain.
The POWER lies with the PEOPLE, not the miltary. That is the express purpose of the Constitution.
WE the PEOPLE. Above the congress. Above the presidency. Above the military. AND above the courts if we are betrayed.
That is the way it was laid out, and that is the way this will end.
Thanks for the response, SoldierDad.
Sounds like there’s just as good a chance that we can win this as not. The poster I was referring to made it sound like it would automatically get thrown out. Of course, that was his opinion. I want to remain much more optimistic.
(BTW...how are the babies and the family? Must really be getting big!)
I heard each state has to find their particular law they have and how it relates to the provisions in the CON Bill, 7 that’s the basis of their suits, can you explain Soldier?