Tea Party Group Argues for Recall of N.J. Senator Mar 3, 2010
"The supremacy clause of the U.S. Constitution has historically trumped even state constitutions," said Ben Dworkin, director of the Rider University Institute for New Jersey Politics. "There is no reason to believe it doesn't in this case as well.". (Newsmax)
Idaho House passes bill aimed at scuttling health reform Feb 11, 2010
Constitutional law experts have said the supremacy clause of the U.S. Constitution likely means any federal law requiring people to buy insurance would likely prevail over state laws aiming to undo that. Thats one reason why many Democratic lawmakers, in Idaho and elsewhere, see bills like these as more symbolism than substance: Conservatives, always keen to defend their sovereignty, are telling Washington, D.C. to keep their mitts off states rights. (Ontario Argus Observer, OR)
Wyoming, other states seek to ban mandatory health insurance Feb 4, 2010
If this Congress were to pass an individual mandate, and if it is constitutional which I believe it is the express rule under the supremacy clause (of the U.S. Constitution) is that the federal law prevails. . (Gillette News-Record, WY)
States Push Bills Banning Health Reform Feb 3, 2010
"If this Congress were to pass an individual mandate, and if it is constitutional which I believe it is the express rule under the supremacy clause (of the U.S. Constitution) is that the federal law prevails.". Many Democratic lawmakers are skeptical of both the intent and the effect of the state measures, entitled in many states as the "Freedom of Choice in Health Care Act." Some have derided it as "political theater" or an attempt to merely shape the public debate. (CBS News -- Health)
Lawmaker: Wolves aren't welcome Jan 27, 2010
If enacted, the bill is probably unconstitutional, violating the supremacy clause where federal law supersedes state law, according to the state's Office of Legislative Research and General Counsel. Utah already has a management plan that allows wolves into the state, compensates livestock owners for losses and allows for them to be killed or relocated if they drive down game populations. (Casper Star-Tribune, WY)
Use Constitution Jan 26, 2010
In many respects, both groups make good points, however, the argument ultimately should be decided constitutionally and with precedent, specifically using the 14th Amendment, the Supremacy Clause and the Civil Rights Act of 1964. By passing Proposition 8, California is in clear violation of the 14th Amendments Due Process and Equal Protection clauses: States (the people) cannot legally take away the rights of others without due process of law or deny any person the equal protection of the... (Fresno Bee -- Opinion)
Caldara offers health opt-out initiative Jan 16, 2010
Under the U.S. Constitution s Supremacy Clause, federal law is superior to state law. But Caldara expects the amendment would pass legal muster in court. (Denver Business Journal, CO)
