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Fiesta28 [93]
2 years ago
14

Why is the supremacy clause considered to be the root of federalism?

Law
2 answers:
Trava [24]2 years ago
8 0

Answer:

It describes the relationship between federal and state power.

GarryVolchara [31]2 years ago
5 0
it states that the federal government laws are the supreme laws of the land and what the federal government can or cannot do, i believe
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Can my sister enroll me in school without custody in Florida?
Fed [463]
No not directly but you can use the 1302 form to still enroll if not .
3 0
3 years ago
What caused Ruth Bader Ginsburg to write powerful dissents?
Marta_Voda [28]

Answer:

C: She wanted to make changes to the Voting Rights Act.

Explanation:

it c i have done this homework first i thought it was a but its c

5 0
3 years ago
Challenges of separation of power
Scrat [10]
In several Supreme Court decisions this decade, the question of whether a constitutional attack on a statute should be considered “as applied” to the actual facts of the case before the Court or “on the face” of the statute has been a difficult preliminary issue for the Court. The issue has prompted abundant academic discussion. Recently, scholars have noted a preference within the Roberts Court for as-applied constitutional challenges. However, the cases cited as evidence for the Roberts Court’s preference for as-applied challenges all involve constitutional challenges which concede the legislative power to enact the provision but nevertheless argue for unconstitutionality because the statute intrudes upon rights or liberties protected by the Constitution. Of course, this is not the only type of constitutional challenge to a statute; some constitutional challenges attack the underlying power of the legislative branch to pass the statute in question. Modern scholarship, however, as well as the Supreme Court, has mostly ignored the difference between these two different types of constitutional challenges to statutes when discussing facial and as-applied constitutional challenges. In glossing over this difference, considerations which fundamentally affect whether a facial or as-applied challenge is appropriate have gone unnoticed. By clearly distinguishing between these two very different types of constitutional challenges, and the respective role of a federal court in adjudicating each of these challenges, a new perspective can be gained on the exceedingly difficult question of when a facial or as-applied challenge to a statute is appropriate. In this Article, I argue that federal courts are constitutionally compelled to consider the constitutionality of a statute on its face when the power of Congress to pass the law has been challenged. Under the separation of powers principles enunciated in I.N.S. v. Chadha and Clinton v. New York, federal courts are not free to ignore the “finely wrought” procedures described in the Constitution for the creation of federal law by “picking and choosing” constitutional applications from unconstitutional applications of the federal statute, at least when the statute has been challenged as exceeding Congress’s enumerated powers in the Constitution. The separation of powers principles of I.N.S. and Clinton, which preclude a “legislative veto” or an executive “line item veto,” should similarly preclude a “judicial application veto” of a law that has been challenged as exceeding Congress’s Constitutional authority.
6 0
2 years ago
Scenario #4: Juan is driving his sons to school. They are fighting in the
natali 33 [55]

Answer:

Juan

Explanation:

because he killed people just for trying to stop his sons from fighting. All sibilings fight it's a part of life

8 0
2 years ago
Assume that the U.S. Congress has passed a federal statute that is in conflict with a Wisconsin state constitutional provision.
vredina [299]

Answer: It is not.

Explanation:

The U.S. Constitution has a clause known as the Supremacy Clause that places the Constitution of the United States as well as all Federal law that are not in violation of the Constitution above State laws and Constitutions.

This is why Federal Voting rights were able to prevail over the State Constitutions in the South after the Civil War.  

For this reason, the Federal Statute enacted by Congress will take precedence over the Wisconsin State Constitutional Provision.

3 0
2 years ago
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