California 'Repeals' Supreme Court Immigration Ruling Nov 6, 2007
Likewise, the Court of Appeal rejected Van Elks lawyers argument that, by overturning Hoffman, the California Legislature violated the Constitutions Supremacy Clause ... Likewise, the Court of Appeal rejected Van Elks lawyers argument that, by overturning Hoffman, the California Legislature violated the Constitutions Supremacy Clause. (Townhall.com)
Complaints heard about county resource committee, policy Oct 18, 2007
DeMarco noted that county government cannot supercede the Supremacy Clause of the US Constitution that says the Constitution hall be the supreme Law of the land. Public hearings on the policies will be scheduled at a later date. (Mount Shasta News, CA)
Cohn: Bush Denies Torture Oct 13, 2007
" This was not the first time the Bush administration had officially endorsed torture, however. John Yoo, writing for the Justice Departments Office of Legal Counsel, penned an August 2002 memorandum that rewrote the legal definition of torture to require the equivalent of organ failure. This memo violated the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, a treaty the United States ratified, and therefore part of U.S. law under the Supremacy Clause... (Zmag.org)
The Constitution and the environment Sep 25, 2007
Doug Kendall, founder and executive director of Community Rights Counsel, discussed what he says were four different Clauses of the Constitution: the "Commerce Clause" which gives Congress the power to regulate "commerce among the several states," the "Supremacy Clause" which declares that laws made by Congress are the "supreme law of the land" and the third Clause which according to Kendall, is "the language of article three of the Constitution that limits the role of Federal Courts to "cases... (The Current Online, MO)
Legal fee ruling will have to wait Sep 21, 2007
In late July, Judge Munley overturned Hazleton's illegal-immigration law, saying it violated the supremacy clause of the Constitution. The city has appealed that decision to the Third Circuit. (Scranton Times, PA)
Federal judge sets hearing date in border agents case Sep 2, 2007
On Aug. 23, Corbett s attorney, Sean C. Chapman, filed a notice in U.S. District Court of Arizona to remove the case from state to federal jurisdiction, arguing on the basis of the Supremacy Clause of the U.S. Constitution that a state court has no jurisdiction over a federal officer who is performing his duties. Cochise County Attorney Ed Rheinheimer on Thursday said he would not oppose Chapman s request for transfer. (Sierra Vista Herald, AZ)
Lendman: Cohn's "Cowboy Republic" Aug 10, 2007
They also don't know international law is US law as well under the Supremacy Clause of the Constitution ... Along with so many other violations of international law, Cohn noted the Bush administration ignored the International Covenant on Civil and Political Rights (ICCPR) that's part of US law "under the Supremacy Clause of the Constitution." Article I (1) says: "All people have the right of self-determination. By virtue of that right they (can) freely determine their political status and... (Zmag.org)
Read the signs Aug 6, 2007
The problem is that these ordinances run counter to the supremacy clause of the U.S. Constitution, which says a state or locality cannot pass laws that interfere with or usurp federal law ... The courts have been pretty consistent in upholding the supremacy clause dating back to the federal court that struck down California's Proposition 187. (San Diego Union-Tribune -- Opinion)
Border agents lawyers could ask federal judge to hear case Aug 6, 2007
Such a request would be made under the supremacy clause of the U.S. Constitution, which makes federal law supreme over state law and which can be applied to federal agents charged in local criminal courts ... Corbett s lead attorney Sean Chapman previously invoked the supremacy clause when he successfully lobbied a federal judge to assume jurisdiction in the 2005 case of a Border Patrol agent charged in Santa Cruz County with negligent homicide. (Sierra Vista Herald, AZ)
Federal Judge Rejects Town's Immigration Ordinances Aug 1, 2007
Federal Judge Rejects Town's Immigration Ordinances. " The ordinances, among other things, would have punished employers, landlords, and businesses that employ, rent to, or sell products to immigrants who are considered "illegal. (HR.BLR.com)
Immigration belongs at the federal level Aug 1, 2007
Article VI of the Constitution, therefore, declares that the Constitution and laws of the United States shall be "the supreme Law of the Land." This "Supremacy Clause," has come to mean that a federal law so long as it is based on a proper power of the national government not only can and must be enforced by state and federal judges, but state or local laws in contravention of it are null and void. The Supremacy Clause bit the mayor and City Council of Hazleton, Pa ... It prohibits them from... (Atlanta Journal-Constitution -- Opinion)
Court tosses limits on illegal immigrants Jul 27, 2007
Judge says ordinances conflict with supremacy clause of U.S. constitution ... The court ruled that Hazleton cannot enact any ordinances dealing with illegal immigration because they conflict with the supremacy clause of the U.S. constitution. (CNN -- US)
Boyle: Campaign to Impeach Bush Jul 27, 2007
Article VI of the U.S. Constitution provides that treaties "shall be the supreme Law of the Land." This so-called Supremacy Clause of the U.S. Constitution also applies to international executive agreements concluded under the auspices of the U.S. President such as the 1945 Nuremberg Charter. . (Zmag.org)
Race ruling casts doubts Jul 6, 2007
" Greenberg, though sees some chance for a showdown between state and federal constitutions. Koskoff, however, pointed to the U.S. Constitution's so-called "supremacy clause. " "Federal law is supreme where it relates to federal constitutional law," he explained. The ruling actually splits the U.S. Supreme Court into three groups, with Justice Anthony Kennedy siding with the majority but scripting his own concurring opinion. "Justice Kennedy objects to the majority decision's sweeping nature,"... (Fairfield Minuteman, CT)
States Battle Administration on Vehicle Emissions May 31, 2007
The supremacy clause of the U.S. Constitution reserves to the states a wide range of powers for which the federal government isn't given specific constitutional authority, but the debate over federal versus state roles has continued for most of our nation's history. In the area of environmental regulation, scholars have traditionally viewed the states as having rights to adopt standards which go beyond what the federal government has mandated. (OMB Watch)
Council rejects bid to require checks on immigrants’ legality Apr 20, 2007
"From my read, this ordinance violates the supremacy clause of the U.S. Constitution in that it tries to regulate immigration, encroaching on a specific federal matter.". Macksoud and Ronald McKenna voted in favor of sending the proposal to the Ordinance Committee for further discussion. (Woonsocket Call, RI)
Council rejects ordinance for illegal immigrants Apr 19, 2007
"From my read, this ordinance violates the supremacy clause of the U.S. Constitution in that it tries to regulate immigration, encroaching on a specific federal matter." Macksoud and Ronald McKenna voted in favor of sending the proposal to the Ordinance Committee for further discussion. However, McKenna said, he was only in favor of sending it to committee and would not endorse it if it came to the full council for passage. (Pawtucket Times, RI)
Wooten on 'pulpit politics' Mar 9, 2007
You can quote the Declaration of Independence, the Pledge of Allegiance and the coins in your pocketbook all day long, but Civics 101 the Constitution is the law of the land (learn about the Supremacy Clause and the Constitution says Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. By jbmlaw. (Atlanta Journal-Constitution)
Cohn: Fool Us Twice? Feb 17, 2007
All treaties we ratify become part of U.S. law under the Constitution's Supremacy Clause. Twelve European, international, and U.S. legal and human rights groups issued warning of the illegality of any offensive military action by the U.S. against Iran. (Zmag.org)
Cohn: Bush Targets Iran Feb 3, 2007
The UN Charter is a treaty ratified by the US and thus part of American law under the Supremacy Clause of the Constitution. Under the Charter, a country can attack another only in self-defense or with the blessing of the Security Council. (Zmag.org)
Local lawmakers want tugs to shadow oil barges Jan 18, 2007
Judge Joseph L. Tauro said it violated the federal supremacy clause of the U.S. Constitution, which gives the Coast Guard jurisdiction over such matters. Instead, lawmakers and the Coalition for Buzzards Bay are now proposing to have tug boats "shadow" oil shipments as they travel through the bay, without imposing the requirement on oil shippers. (The Standard-Times, MA)
Judge tosses county's medical marijuana challenge Dec 7, 2006
Nevitt said the county's pre-emption argument failed because a corollary to the U.S. Constitution's "Supremacy Clause" -- which says federal law should be "supreme" over state laws -- says state laws could take precedence over federal laws in some cases. John Sansone, the county's top lawyer, said Wednesday afternoon that supervisors would meet in closed session Tuesday to decide whether they want to appeal Nevitt's ruling. (North County Times)
Escondido's rental ban is not unconstitutional Nov 25, 2006
I suggest attorney Alan Mansfield and U.S. District Court Judge John A. Houston re-read the supremacy clause of the Constitution, which states that federal law overrules state or local laws when they conflict ... In short, the Escondido rental ban does not conflict with federal law; in point of fact, it's in line with federal law and therefore cannot be unconstitutional as the supremacy clause applies only when local or state laws conflict with federal law. (North County Times)
If they want to go against something why not big buisness alcohol and cigarettes which kill way more people every year than all illegal drugs combined. The war on drugs doesn't work nor has it ever worked. Do the reseach you'll see for yourself. More... Nov 17, 2006
The county argued that the California law should be "pre-empted" by federal law, which says all marijuana use is illegal, under the U.S. Constitution's "Supremacy Clause," which says federal laws should be "supreme" over state laws. Nevitt, however, said in his tentative ruling that the county's argument ignored the corollary to the Supremacy Clause that held in matters where states traditionally legislate, state law is considered pre-eminent. (North County Times)
ACLU is suing Escondidio over law Nov 4, 2006
The letter says federal law trumps any state or local law dealing with the harboring of undocumented persons, making such ordinances illegal under the supremacy clause of the U.S. Constitution. It also says the ordinance violates federal due-process rights by failing to provide any procedure to contest a tenant's designation as an illegal alien, and says that anti-discrimination and fair housing laws would be violated because the people most likely to lose their housing would be Latinos. (San Diego Union-Tribune)
Illegal- alien ban adopted Nov 3, 2006
The Hazleton suit claims the ordinance violates the U.S. Constitution's Supremacy Clause, because it seeks to override federal law and the exclusive federal power over immigration. King of Prussia Courier 2006. (King of Prussia Courier, PA)
State asks court to dismiss suit over phone company records Oct 14, 2006
"Even if a federal program, alleged or otherwise, violated state law, such state law violations would be irrelevant in light of the Supremacy Clause of the U.S. Constitution, as it is federal law that is the 'Supreme Law of the land,"' the government argued. Federal officials have objected to efforts by several states and civil liberties groups to investigate or shut down the NSA program, but the courts have been split on the argument. (Newsday -- State)
Federal government sues to block state probe into phone records Oct 5, 2006
"The defendant state officers' attempts to order the disclosure of such information are invalid under the supremacy clause of the United States Constitution and are pre-empted by the United States Constitution and various federal statutes," the lawsuit said. But state officials say they will continue to seek answers into whether the NSA was given improper access to Vermonters' phone records by Verizon and AT and T, the companies that are alleged to have shared records of phone calls. (WCAX.com, VT)
Critics Slam Angelides' Pledge To Bring Guard Troops Home Sep 26, 2006
Under the Supremacy Clause, states have no ability to veto National Defense decisions by recalling troops. McGeorge Professor John Sims said the law seems clear-cut. (KCRA 3, CA)
Immigration measures on hold Sep 21, 2006
The suit claims Hazleton's original ordinance violated the U.S. Constitution's Supremacy Clause, because it seeks to override federal law and the exclusive federal power over immigration. Also, the suit claims the city's "English only" provision violates city residents' First Amendment rights to free speech, the ACLU said. (King of Prussia Courier, PA)
Debate ContinuesLeg., Levy Butt Heads On Accountability Bill Sep 14, 2006
Maney argued that the bill singles out illegal immigrants, facilitates discriminatory hiring practices, and creates a "general environment of hate." Another argument was that this bill is in violation of the Supremacy Clause of the United States Constitution ... "The Supremacy Clause of the Constitution states that you cannot have laws on a state or local level that mirror those of the federal government," said Legislator Vivian Viloria-Fisher (D-Port Jefferson). (Suffolk Life Newspapers, NY)
Kentucky Bond Appeal May Transform Municipal Market: Joe Mysak Sep 9, 2006
If the U.S. Supreme Court hears this case and decides against Kentucky on broad constitutional grounds, the decision would reflect a definitive interpretation of the U.S. Constitution and be binding on all states through the Supremacy Clause,'' Weber wrote in an e-mail. And that would mean. (Bloomberg -- Columnists)
U.N. treaty trumps parental rights (Michael Smith) Aug 28, 2006
The U.S. Constitution's supremacy clause requires that "all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land." The U.S. Congress and state legislatures could not override the provisions of the treaty. This scenario should remind us that we need to remain vigilant in defense of our liberty. (Washington Times)
Hazleton's hard line on illegal immigrants Aug 27, 2006
Five private law firms and three civil rights organizations contend in the lawsuit that Hazleton's law is overly broad and usurps the supremacy clause of the constitution, under which the federal government controls immigration. The mayor modeled Hazleton's ordinance after one that was proposed but voted down in San Bernadino, Calif. (Pittsburgh Post-Gazette, PA)
Pennsylvania town is sued over immigrant ordinance Aug 17, 2006
" But a victory in court, he said, will not address the anger that is growing in small-town America, where many blame undocumented immigrants for a range of social ills. "There is now this crazy climate of 'get these people out of town,' " Perales said. "The laws are a reaction and a response to this sentiment. But it is also feeding it, and saying to people in these small towns that these (immigrants) are bad and they shouldn't be here with us. (San Francisco Chronicle)
Two communities are sued over strict immigration laws Aug 16, 2006
passed an ordinance aimed at making it ``one the most difficult places in the America for illegal immigrants," dozens of other communities have picked up on the idea, saying local governments must find ways to expel illegal immigrants.Already, laws have passed in a handful of places: In Valley Park, Mo., population 6,518, landlords over the weekend began evicting tenants who are not legal citizens. In Riverside, N.J., families departed so quickly that they left piles of mattresses... (Boston Globe)
It's 'Get These People Out of Town' Aug 16, 2006
On Tuesday, in hopes of stopping the spread of the ordinances, opponents filed federal lawsuits against Hazleton and Riverside, arguing principally that the local governments were violating the supremacy clause of the Constitution by attempting to regulate immigration, which is a federal matter. Cesar A. Perales, president and chief executive of the Puerto Rican Legal Defense and Education Fund, which is suing Hazleton, called his case against the ordinance "a slam-dunk." But a victory in court,... (Q13.com, WA)
Expert: U.S. parent-led education endangered by U.N. children's protocol Aug 12, 2006
The U.S. Constitution's Supremacy Clause requires that "all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land," the HSLDA said. That would mean any state law relating to child custody, the family, education, adoption, child pornography and dozens of other issues could be nullified in an instant, the group said. (WorldNetDaily)
Judge nullifies state oil spill law Jul 26, 2006
He said the state regulations ''are pre-empted, invalid and unconstitutional under the Supremacy Clause of the United States Constitution. . (Cape Cod Times, MA)
Olsen's case is far from over Jul 21, 2006
Lambert said under the Supremacy Clause, pending federal cases take precedent over state ones, meaning the murder preliminary hearing will have to be continued. "We will keep him in federal custody until our case is done," said U.S. Attorney's Office spokeswoman Melodie Rydalch. (Deseret News)
Letters for Friday - July 14, 2006 Jul 15, 2006
The defendant state officers attempts to obtain such information are invalid under the Supremacy Clause of the United States Constitution and are preempted by the United States Constitution and various federal statutes. Since the filing of this lawsuit, New Jersey has put compliance with the subpoenas on hold until the legal issue is resolved. (Lihue Garden Island, HA)
Isle lawmakers in dark over domestic spying Jul 14, 2006
Vol. 11, Issue 194 - Thursday, July 13, 2006. Two House panels try to determine the NSA program's scope. (Honolulu Star-Bulletin)
Treaty doesn't force US to exclude incriminating testimony, court rules Jun 29, 2006
Under the Constitution's supremacy clause, treaties ratified by the Senate carry the force of US law. But what happens when an international organization issues rulings interpreting (and in some cases redefining) American treaty obligations. (Christian Science Monitor -- USA)
Scalia Tells Congress to Stay Out of High Court Business May 19, 2006
In an interview, Feeney said, "I love and appreciate Justice Scalia even when I disagree with him." He added that he agrees with Scalia on the independence of the judicial branch, "but I do believe there is a line over which judges cannot cross." Relying on foreign law in decisionmaking violates the Supremacy Clause of the Constitution, said Feeney, which means that any judge who does so is violating his or her oath to uphold the Constitution. Feeney added that while the president can veto an... (Law.com)
The Untold Story About the Ports Deal Feb 24, 2006
Mass-Burma sanctions invalidated under Supremacy Clause Posted by: brunowe on Feb 22, 2006 10:35 AM [] Just to clarify, the Massachusetts sanctions were invalidated by SCOTUS in the Crosby vs. NFTC opinion (2000)(http://laws. findlaw. (AlterNet.org)
Apparently, the Supremacy Clause Doesn't Apply in Alabama Jan 7, 2006
If the supremacy clause means anything they are bound to defer to decisions of the U.S. Supreme Court ... As for the deep seated constitutional issues here, supremacy clause and move along home ... We can all agree, I imagine, that the Supremacy Clause means state courts have to enforce the federal Constitution. (Blawg)
