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Federal law preempts state law.
by greenleafjacob 9y ago
Federal law preempts state law.
- mindcrime 9y agoOnly in regards to things where the federal government has authority to begin with. There are very good reasons (the Enumerated Powers clause, the 9th and 10 amendments, etc.) to question if the federal government actually has all the authority it claims for itself.
- greenleafjacob 9y agoThat’s true, but it’s been squarely presented and decided in Reich v Gonzales, relying on Wickard v Filburn that Congress does have this power. And through application of stare decisis / precedent it will be difficult to undo that.