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Zosimus Zosimus is offline
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Join Date: Mar 2003
Location: San Francisco, CA
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Old May 1st, 2003, 04:29 PM       
I won't sit here and pretend I know exactly what you mean Italian but, I tried to look up and see what I could learn off the internet based on a keyword("national supremacy") and the constitutional laws of the US. Please feel free as to filling me in on the spots where I shown no understanding- I would very much appreciate understanding this properly:

http://www.nga.org/nga/lobbyIssues/1...D_4895,00.html

Quote:
Federalism is a term that covers the fundamental relationship between the states and the federal government, from constitutional issues to the most pressing issues of economic globalism today. It has many interpretations, uses, and methods of enforcement. The most impressive recent issue was enactment of the Unfunded Mandate Reform Act of 1995 (UMRA), which gives state and local elected officials the chance to seek a roll call vote on the floor of the House or Senate through their Senators or Representatives on any proposed unfunded mandate. However, both Congress and the Administration continue to preempt state and local authority to regulate their traditional government functions.

http://caselaw.lp.findlaw.com/data/c...le06/02.html#7

Quote:
Task of the Supreme Court Under the Clause: Preemption

In applying the supremacy clause to subjects which have been regulated by Congress, the primary task of the Court is to ascertain whether a challenged state law is compatible with the policy expressed in the federal statute. When Congress legislates with regard to a subject, the extent and nature of the legal consequences of the regulation are federal questions, the answers to which are to be derived from a consideration of the language and policy of the state. If Congress expressly provides for exclusive federal dominion or if it expressly provides for concurrent federal-state jurisdiction, the task of the Court is simplified, though, of course, there may still be doubtful areas in which interpretation will be necessary. Where Congress is silent, however, the Court must itself decide whether the effect of the federal legislation is to oust state jurisdiction. 6

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