Does Paulson's Bailout Bill Violate the Constitution? Sep 25, 2008
Finally, the Supremacy Clause, which makes federal law the supreme law of the land, trumping state laws, presumably gives Congress the power to insulate from state-court scrutiny the actions of federal officials who are enforcing laws passed by Congress. It's relatively rare for Congress to pass laws stripping courts of all power to review actions of administrative agencies. (Slate)
Appeals court opens case for state to appeal Jun 21, 2008
The U.S. Chamber of Commerce and several state chambers filed for an injunction in the Western District of federal court on Feb. 1, alleging that the challenged sections of the law are pre-empted by federal law and are unconstitutional under the supremacy clause of the U.S. Constitution. Sections of the law that went into effect in November requiring proof of citizenship to receive certain government benefits and making it illegal to knowingly transport illegal immigrants were not affected by... (Durant Daily Democrat, OK)
Ban on immigrant renting struck down May 29, 2008
The city didn't defer to the federal government on the matter, violating the supremacy clause of the U.S. Constitution, which allows for the federal government to pre-empt local laws, Lindsay said. advertisement. (MSNBC -- Race)
Judge rejects Farmers Branch ordinance on renting to illegal immigrants May 29, 2008
"Because Farmers Branch has attempted to regulate immigration differently from the federal government, the ordinance is preempted by the supremacy clause" of the Constitution, Judge Lindsay said. He said numerous city proposals to revise the law failed because they would have required the court to essentially redraft the measure, which is not the court's job. (KHOU.com, TX)
LETTERS: NCT, May 20, 2008 May 21, 2008
I want to correct you on the Supremacy clause of the US constitution ... For Bill, you do not understand the Supremacy clause ... Alf wrote on May 20, 2008 3:08 PM:While I understand your frustration, "Jack_D" at 1:34PM, I have an example of PERCEIVED "Judicial activism" and "thwarting the will of the people. Remember Prop. 83? Seventy percent of California voters, who voted, voted FOR it. Aspects of it were ruled un-Constitutional. Was this "judicial activism"? NO. ANY "punitive ex post facto"... (North County Times)
White House tilts field in favor of industry May 18, 2008
Rooted in the Supremacy Clause of the Constitution, federal pre-emption refers to circumstances in which federal law and regulation trump state law, in this instance state laws that govern when one person may be held liable for another's injury ... When such a conflict is discerned, the Supremacy Clause of the Constitution makes their state requirements unenforceable. (Salt Lake Tribune)
Changes in federal rules affecting lawsuits May 14, 2008
"In addition to the express preemption noted above, the Supreme Court has also recognized that state requirements imposed on motor vehicle manufacturers, including sanctions imposed by state tort law, can stand as an obstacle to the accomplishment and execution of a NHTSA safety standard. When such a conflict is discerned, the Supremacy Clause of the Constitution makes their state requirements unenforceable. See Geier v. American Honda Motor Co. (2000). NHTSA has not outlined such potential... (Yahoo News -- Politics)
White House rules limit lawsuits May 14, 2008
Rooted in the Supremacy Clause of the Constitution, federal preemption refers to circumstances in which federal law and regulation trump state law, in this instance state laws that govern when one person may be held liable for another's injury. Frequently filed in state courts, where juries often are more receptive to plaintiffs' claims against corporations, product liability lawsuits are often moved at the request of business defendants to more restrictive federal courts. (San Diego Union-Tribune)
Calif. Judge Deals Blow to Medical Pot Movement Apr 18, 2008
The high court's majority opinion, Oldendorf said in a written ruling, found that the Constitution's Supremacy Clause "unambiguously provides that if there is any conflict between federal and state law, federal law shall prevail.". Several attorneys involved with medical marijuana-related litigation say the decision could hurt dispensaries' ability to find landlords willing to rent to them. (Law.com)
Lawsuit goes to federal court Apr 18, 2008
The Supremacy Clause of the U.S. Constitution states that federal law preempts state law, Balogh said. When a lawsuit is filed in state court and includes federal claims, the defendants may move that [suit] to federal court. (Freeport Journal-Standard, IL)
Prosecution calls its final witnesses in agents trial Mar 2, 2008
Also Friday, Chapman asked the court to dismiss the case due to the Supremacy Clause, which says a federal officer is immune from state criminal charges if a crime takes place during the performance of federal duties ... Judge Bury disagreed with Chapman and he denied the motion to dismiss under the Supremacy Clause immunity. (Douglas Daily Dispatch, AZ)
Corbett case is on: Federal judge denies attorneys motions to dismiss Feb 26, 2008
The motions claimed Supremacy Clause immunity and destruction of evidence ... Under the Supremacy Clause of the U.S. Constitution, a federal officer cannot be held on a state criminal charge if the alleged crime took place during the performance of federal duties ... Accordingly, the court denies the motion, but notes that this does not foreclose a grant of Supremacy Clause immunity at a later stage in the litigation, Bury states in his order dated Monday. (Sierra Vista Herald, AZ)
Border Patrol Agent Nicholas Corbetts murder trial ready to start Feb 25, 2008
Judge Bury is also considering a motion to dismiss the case on the grounds that Corbett is protected by the Supremacy Clause of the Constitution ... Prosecutors say Supremacy Clause immunity does not apply in this case because evidence in the case conflicts with Corbett s version of events. (Sierra Vista Herald, AZ)
Candlewood Ruling Dismay Feb 22, 2008
"The question of preemption is one of federal law, arising under the supremacy clause of the United States constitution," the state Supreme Court affirmed in its ruling, quoting from a 2001 decision in Barbieri v. United Technologies Corp. "[A]bsent an explicit statement that Congress intends to preempt state law, courts should infer such intent where Congress has legislated comprehensively ... leaving no room for [s]tates to supplement federal law." "It was not a ruling that I at all expected,"... (Litchfield County Times, CT)
Pre-trial hearing will not happen Feb 14, 2008
BISBEE Attorneys prosecuting and defending the case against a U.S. Border Patrol agent charged with murdering an illegal immigrant near Naco do not plan to argue a motion to dismiss based on Supremacy Clause immunity during an evidentiary hearing on Feb. 25 ... The defense filed a motion Jan. 18 asking Judge David Bury to dismiss the case on the grounds that Corbett was protected by the Supremacy Clause because he was working as a federal law enforcement officer ... The Supremacy Clause of the... (Douglas Daily Dispatch, AZ)
No plea deal in Corbett case; agents trial in 2 weeks Feb 13, 2008
A hearing for the case is scheduled for Feb. 25 at 1:30 p.m. Attorneys will argue for and against a defense motion requesting dismissal of the case due to the Supremacy Clause. Advertisement. (Douglas Daily Dispatch, AZ)
State sued over law designed to ensure gas station competition Feb 6, 2008
Magistrate Judge William Callahan ruled Oct. 12 that because the state does not actively supervise its minimum markup law, the law violates federal antitrust laws and the supremacy clause of the U.S. Constitution. In that case, Flying J was sued by Kenosha-based Lotus Business Group, which argued that Flying J s gas stations were selling fuel at a price lower than the law allowed. (Winona Daily News, MN)
Immigration Voice gives Testimony on Michigan Driver's License Issue Feb 2, 2008
It believes that such redefinition of 'legal presence' is violative of the supremacy clause of the US Constitution as determined by US Supreme Court in the Toll vs. Moreno (458 US 1; 102 S Ct 2977; 73 L Ed 2d 563 (1982)). Immigration Voice through its testimony explained to the committee that US Immigration law allows 'legal presence' on expiry of visa and/or status for a period of 240 days, if the applicant has submitted an application for renewal before the expiry of the status. (Yahoo News -- Press Releases)
Attorneys for agent charged with murder seek dismissal of case Jan 19, 2008
Advertisement Sean Chapman and Jim Calle, the attorneys defending Corbett, argue that their client was protected by the Supremacy Clause because he was working as a federal law enforcement officer. The Supremacy Clause of the U.S. Constitution provides immunity from state prosecution for federal agents who were acting under federal authority and whose actions were necessary and proper to carry out their law enforcement authority, the motion says. (Sierra Vista Herald, AZ)
Corbetts defense attorney files response to motion for discovery Dec 27, 2007
Chapman says Corbett will assert defenses available under the U.S. Constitution and federal and state statutes, such as supremacy clause immunity, justification in the use of deadly force by a peace officer, justification in the execution of public duty and self defense against the use or threatened use of deadly force. In an e-mail to the Herald/Review on Wednesday, Grant Woods, the lead prosecutor in the case, says he is aware of Chapman s recent filing. (Sierra Vista Herald, AZ)
'We're not going to tolerate people blatantly disregarding our laws' Nov 10, 2007
The federal government, however, views the Illinois law as an infringement of the U.S. Constitution's supremacy clause, which elevates federal law over state or local rules. "What we can't do when we pass a federal law is have the states decide they want to modify that law," Chertoff told reporters then. (WorldNetDaily)
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)
