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It is difficult to say whom the Supremacy Clause affects in particular, and why, because it has the potential to impact all Americans. For example, many of the ground-breaking Supreme Court decisions in recent time are based in some way on the Supremacy Clause. For example, the famous Civil Rights Supreme Court decisions such as Loving v. Virginia, 388 U.S. 1 (1967) and Brown v. Board of Education, 347 U.S. 483 (1954) base their decisions on the Fourteenth Amendment's Equal Protection Clause. However, it is important to realize that they can only do so based on the fact that the states do not have the power to deprive citizens of their constitutionally protected rights. Those decisions have had a significant wide-ranging impact on all Americans; while the U.S. has yet to achieve full equality; it is fair to suggest that, without them, much of America would still be in Jim Crow-like conditions. The Supremacy Clause has also played an important role in right-to-privacy...
Wade, 410 U.S. 113 (1973). When one looks at just these three cases, it becomes clear that the Supremacy Clause has the easy potential to impact literally every American.
The primary consequences of the Supremacy Clause are very dependent upon the composition of the Supreme Court and how it chooses to interpret the Constitution. However, historically the Supremacy Clause has been used, not only in debates between state and federal governments, but also to protect the rights of those who are the most vulnerable in American society. By ensuring that states must recognize at least the basic rights guaranteed by the Constitution, the Supremacy Clause is a way of extending American liberty to all Americans.
References
Brown v. Board of Education, 347 U.S. 483 (1954).
Loving v. Virginia, 388 U.S. 1 (1967).
McCulloch v. Maryland, 17 U.S. 316 (1819).
Roe v. Wade 410 U.S. 113 (1973).
The New Deal jolted the commerce clause into high gear, creating the regulatory agencies, commissions, and boards that continue to oversee the United States' commercial life." During that administration, Roosevelt attempted to assert a lot of federal power that had not been previously asserted by the federal government. However, a number of such laws pressed through Congress were found by the U.S. Supreme Court to lack constitutional authority. For many
Is the EEOC's understanding of its rule entitled to respect under Long Island Care at Home, Ltd. v. Coke, 127 S. Ct. 2339 (2007) -- a case decided twelve days after the Eighth Circuit delivered its decision in this case? Martel v. Clair - Docket No., 10-1265 In this case after ten years of capital federal habeas corpus proceedings in the district court, respondent abruptly complained about and sought substitution of his
Filburn harvested nearly 12 acres of wheat above his allotment. He claimed that he wanted the wheat for use on his farm, including feed for his poultry and livestock. Fiburn was penalized. He argued that the excess wheat was unrelated to commerce since he grew it for his own use. The question in the matter was: Is the amendment subjecting Filburn to acreage restrictions in violation of the Constitution
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Establishment clause, advantages limitations establishment clause create? 2. key differences civil liberties equal (civil) rights? Discuss provide examples. The establishment clause is certainly one of the most important legislations in U.S. history when considering that it protects U.S. citizens from being bombarded with information that they are not actually interested in. Thomas Jefferson was one of this clause's most passionate supporters, as he believed that it would be wrong for the
Business Law Describe the "Commercial Clause" in the United States Constitution and explain how its scope and meaning has been interpreted by the courts. Referring "to Article 1, Section 8, Clause 3 of the U.S. Constitution," the Commercial Clause as the Cornell University Law School (2013) further observes empowers the Congress "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." As far as the legislative