Quote:
Originally Posted by Guest
To the smiler....I think, but did not see, but second hand was told the discussion was a legal discussion concernn the Supremacy Clause...
"The Supremacy Clause is the provision in Article Six, Clause 2 of the United States Constitution that establishes the United States Constitution, federal statutes, and treaties as "the supreme law of the land." It provides that these are the highest form of law in the United States legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either a state constitution or state law of any state.
The supremacy of federal law over state law only applies if Congress is acting in pursuance of its constitutionally authorized powers.
Nullification is the legal theory that states have the right to nullify, or invalidate, federal laws which they view as being unconstitutional; or federal laws that they view as having exceeded Congresses’ constitutionally authorized powers. The Supreme Court has rejected nullification, finding that under Article III of the Constitution, the power to declare federal laws unconstitutional has been delegated to the federal courts and that states do not have the authority to nullify federal law.[1]
Supremacy Clause - Wikipedia, the free encyclopedia
A very fair and appropriate discussion to be held in todays world.
Thus your mocking of Fox, a very dumb thing to do based on the alternatives that are available, is somewhat head scratching, OR perhaps just your usual knee jerk reaction. |
As I continue to smile, I appreciate your taking the time to research and post information on the legal basis of the requirement that state's yield to Federal superiority. It is absolutely unequivocally the law. As this is a situation where a Federal court told that state of Alabama that the US Constitution requires equal protection and that applies to marriage there is no issue here of any lack of clarity as to the law. The SCOTUS refused to stay the judge's order. The Supreme court has rejected nullification. There is no issue in this situation (and it is THIS situation) of Congressional power as the Congress has not passed any laws for Judge Moore to fight regarding the issuance of marriage licenses.
If any commentator on Fox, as was suggested in the earlier post, that state law trumps federal law he or she is a fool and did not bother to do the same homework as you did. I doubt you will hear any similar statement on any other network. Perhaps the guest who posted the comment about the discussion on Fox can return and provide a transcript as most recent Fox bits are still on their website.
there is nothing fair or balanced about a discussion of "Is the Federal Constitution superior to that of the State of Alabama?" There is only one side of that issue and no need for balance. To suggest this is an open issue for discussion is to give support to legal anarchists.