But the Compact Clause takes that possibility from the unthinkable to the unconstitutional because the MSA is precisely the kind of joint state interference with federal laws that the Clause was designed to preclude.
In defending the constitutionality of the Act, the federal government relies upon the Commerce Clause of the Constitution as the enumerated power supposedly delegating authority to the federal government for this regulatory compulsion.
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The Court today holds that our Constitution protects us from federal regulation under the Commerce Clause so long as we abstain from the regulated activity.
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To borrow the language of the commerce clause debate, the federal government can now tax inactivity.
Its argument is that by legislating on immigration Arizona has trespassed on federal authority and violated the supremacy clause of the constitution.
Roe v Wade's guarantee of first-trimester abortions remains in effect, and the constitution's supremacy clause ensures that when state and federal laws are in conflict, federal law wins.
May the federal government, under the Constitution's Commerce Clause, regulate economic "inactivity"?
This was the first instance since the New Deal in which the Court struck down a federal effort to regulate economic activity under the commerce clause.
The federal health reform bill included a little-noticed clause allowing for Direct Primary Care (DPC) models to be a part of the state health insurance exchanges.
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That makes it look like Lewis used a MAC clause as a bargaining chip to get more federal assistance, Kucinich said.
But for you and me this case is not a theoretical exercise about federal taxing powers or the expansive use of the commerce clause.
The notion that -- we believe the President and the federal government does have the ability through the interstate commerce clause to ensure health care.
First, under the Supremacy Clause of the U.S. Constitution, federal law trumped state law.
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Under the Supremacy Clause of the U.S. Constitution, federal statutes trump conflicting state laws.
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Much of what gets the federal government mixing it up in our lives is the Commerce clause.
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The federal government argues the individual mandate is constitutional under the Commerce Clause, which allows Congress to regulate interstate commerce.
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Citing James Madison, Woods asks an important question: if the general welfare clause is sufficient to justify pretty much anything the Federal government wants to do, why bother with enumerated powers?
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But the clause does not apply to individuals, who are protected by federal law from employer retribution if they decide to honor picket lines, the local said.
As for the Welfare Clause, far from some ambiguous insertion meant to allow politicians to do whatever they wanted with our general welfare in mind, the Welfare Clause was written to ensure that any actions taken by the federal government that fell within its enumerated powers had to be considered with the general welfare of the citizenry in mind.
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The Supremacy Clause makes it more than clear that when a conflict exists between a federal law and a state law, the federal law will control.
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The provision struck down this week, which allowed rape victims to sue their attackers in federal court, had also been based on Congress's powers under the commerce clause.
Last month, the U.S. Court of Appeals for the Sixth Circuit was the first appellate court to reach a decision on whether the Commerce Clause authorizes Congress to force private citizens to purchase healthcare insurance under penalty of federal law.
Obama seems to have been trying to make the accurate observation that since the '30s the court has not struck down a federal law that applies to economic activity on the ground that it exceeds Congress's Commerce Clause authority.
In the brief, Morrison notes there has been precious little judicial interpretation of the Compact Clause, which is believed to reflect the fears of the founders that states could undermine federal power by forming alliances among themselves.
This story and others also invariably contain quotes from environmental groups or anti-development activists who complain about the trade secret protection clause in the Texas law, but who also have expressed longtime support for a proposed federal law commonly referred to as the FRAC Act.
The requirement for all Federal and State Civil officers to give their solemn and binding Oath is established in Article VI, Section 1, Clause 4.
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