.

Wednesday, December 19, 2018

'Americans with a Better Cause (Abc), a Nonprofit Organization Essay\r'

'According with what we learned so far and the book, there are 4 sources of American impartiality. The U.S. makeup and the constitutions of the variant farmings. Statutory natural rectitudeâ€including laws passed by Congress, acres legislatures, or local governing bodies. Regulations created by administrative agencies, much(prenominal) as the Food and Drug Administration. And fin aloney, case law and common law doctrines. In the case of a national statute actioning with the linked States validation consequently the Constitution depart take antecedence as it has throughout history of the U.S. Supreme hail. If a national law is in direct conflict with a say statute, where the â€Å"supremacy clause” is valid, such(prenominal) as interstate commerce for example, then the federal law go forth be superior. However, if the federal law is NOT one that the federal government has easy lay control over, then the state constitution result control unless the federa l government can order of battle there is government need that is greater, as in the case of a national emergency, for example.\r\nThe U.S. Constitution will always have priority if any law is in violation of it regardless of what its source. If a state constitution does not violate the U.S. Constitution of federal law then it is supreme within the state’s borders, thus in both cases the U.S.Constitution will always prevail.\r\nHence in the case above the DOJ enforcing the constitutional laws sounds the ABC suit foreign with state law. The U.S. Constitution will always trump any federal statute but it is orthogonal if a federal statute conflicts with a state constitution due to the supremacy clause.\r\nUS Constitution Art VI, Clause 2\r\nâ€Å"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 judge in every State shall be detain thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”\r\nTherefore, in remittal the constitutional question would, if upheld, eventually by the U.S.Supreme Court if necessary, end the case. But, if not upheld or thrown our of court, then it would have to go to the state court and this competency set up another Constitutional challenge, involving again, winning it to the U.S.Supreme Court again.\r\n'

No comments:

Post a Comment