Friday, May 17, 2019
Americans with a Better Cause (Abc), a Nonprofit Organization Essay
According with what we learned so far and the book, there be 4 sources of American uprightness. The U.S. Constitution and the constitutions of the various acress. Statutory lawincluding laws passed by Congress, state legislatures, or local governing bodies. Regulations created by administrative agencies, such as the Food and Drug Administration. And finally, shimmy law and everyday law doctrines. In the case of a national statute conflicting with the United States Constitution because the Constitution will take priority as it has throughout history of the U.S. Supreme Court. If a federal law is in direct conflict with a state statute, where the supremacy clause is valid, such as interstate commerce for example, then the federal law will be superior. However, if the federal law is non one that the federal government has exclusive date over, then the state constitution will control unless the federal government can show there is government need that is greater, as in the case of a national emergency, for example.The U.S. Constitution will always have priority if whatever 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 states borders, thus in both cases the U.S.Constitution will always prevail.Hence in the case above the DOJ enforcing the constitutional laws trumps the ABC suit conflicting with state law. The U.S. Constitution will always trump any federal statute but it is irrelevant if a federal statute conflicts with a state constitution due to the supremacy clause.US Constitution prowess VI, Clause 2This 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, any Thing in the Constitution or Laws of any State to the Contrar y notwithstanding.Therefore, in committling the constitutional question would, if upheld, eventually by the U.S.Supreme Court if necessary, last the case. But, if not upheld or thrown our of court, then it would have to go to the state court and this might set up another Constitutional challenge, involving again, taking it to the U.S.Supreme Court again.
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