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10th Amendment or the Supremacy Clause should be stricken down, it is important to define what each is. The 10th amendment is "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people" (Mcpherson, 2009, p. 254). The Supremacy Clause is "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" (Dixon, Mccorquodale, Williams, & Mccorquodale, 2011, p. 127). In addition, the Judges within each State must be bound thus, any Thing in the Laws/Constitution of any State to the opposing all the same. When seeing how these two laws work not in conflict of each other, but together, it can be hard to choose which one to strike down. This is because through these laws, the Constitution lists powers the United States federal government has. With regards to the Tenth Amendment, anything not on the list would be considered a state power. In terms of federal laws, they represent the ultimate Law within...
A federal law is valid when it is within the power allotted by the Constitution to the federal government. Therefore, no conflict arises with states and state power over all else.
However, if a choice had to be made, the Tenth Amendment would be stricken simply to protect the Supreme Law of the land, being the federal government. The federal government is what holds all the states together. Going back to the American Civil War, the federal government was the force behind maintaining order among the feuding states. If states have no one above them to control their actions, they can leave the United States and become their own countries. The federal government exists as a centralizing entity that provides the order from which American society can flourish. Should the Supremacy Clause cease to exist, instead of fifty states, there would be fifty nations all with their own system of rule.
Although state power is important, I would have to choose to strike the 10th Amendment because while state power promotes order within each state, it is not as necessary as the power that the federal government holds.…
S.B. 1070, ACA, AND FEDERAL PREEMPTION 1070, the ACA, and Federal Preemption S.B. 1070, the ACA, and Federal Preemption Tenth Amendment The Tenth Amendment was intended to limit the scope and power of the federal government, thereby preserving some measure of state autonomy (Lash, 2006). The Tenth Amendment accomplishes this by stating explicitly that the federal government can only exercise those powers enumerated within the U.S. Constitution. All other powers are left to the
American Colonial experience and the Articles of the Confederation influence the content of our Constitution? The American colonies existed as separate political entities. The only attempt to consolidate any of the colonies under one united government was that of the ill-fated "Dominion of New England," an attempt to reign in the independent colonies by a monarchy (that of James II) that was thought by many to want to 'catholicize' the
The court held that the district court's refusal to reopen the case and receive additional evidence after the remand from the court was not error. The court did not remand with directions to reopen the case and retry it. The only direction was that the district court was to make more detailed findings on the question of allegedly discriminatory hiring practices that adversely affected the educational opportunities afforded the Mexican-American
GOVERNMENT Government: US ConstitutionState laws cannot conflict with the Constitution, which is a constraint for state laws. It is so because if the conflict occurs, federal law shifts the state law under the Supremacy clause of the Constitution (Cornell Law School, n.d.).The Fifth Amendment implies that the death penalty cannot be rendered without due process of law (The New York Times, 1994). It appears that the death penalty could be
Federalism in U.S. History The word federal denotes alliances between independent sovereignties. "The Oxford Guide to the U.S. Government," an important source for any student or teacher of history, describes federalism in the United States as "the division of governmental powers between the national and state governments." "The Oxford Guide" informs us that "state governments can neither ignore nor contradict federal statutes that conform to the supreme law, the Constitution."
Eason Jordan made what he defined as a "life and death" decision to withhold information that might get his informants killed in Iraq. "It's very simple," he said. "Do you report things that get people killed? The answer is no.," (cited by Rutenberg, 2003). Jordan's decision is a little bit surprising, considering the media's generally ruthless approach to journalism: such as the push to get the story first, or