6 ms·
If the Congress supersede every state law with national law, what’s the point of having states?
by xyzzyz 8y ago
If the Congress supersede every state law with national law, what’s the point of having states?
- deleted 8y ago[deleted]
- RussianCow 8y agoNo one said anything about superseding every state law, just those regarding health care.
- dgzl 8y agoFriendly reminder that our 10th Amendment rights exist specifically to limit federal power, and to give states superceding power over the federal government. The opposite doesn't actually exist.
- derekp7 8y agoExcept for Article 1 section 8. If it can be used to prevent a farmer from growing crops to feed his own animals, then it can be used to regulate insurance sales across state lines.
- ddxxdd 8y agoThe current is moving in the opposite direction now. Female genital mutilation is now legal in America because federal courts have decided that it's better than abuse of the commerce clause: https://www.nytimes.com/2018/11/21/health/fgm-female-genital-mutilation-law.html https://www.nytimes.com/2018/11/21/health/fgm-female-genital...
- throwawaytoday5 8y agoNice to know that people are still clinging to a document that can literally mean whatever we want it to when convenient while Americans continue to shuffle and get raped by the corporate class.
- TheSpiceIsLife 8y agoThe US constitution is, like all other written law, mostly meaningless, given enough time. If you don’t like it, changed it: they’re called amendments.
- favorited 8y agoWe don't need one in this case. The Commerce Clause in Article I gives the federal government the right to regulate interstate trade.
- deleted 8y ago[deleted]
- hermitdev 8y agoCongress is actually very limitted in the areas it can supercede stare or local law. The courts and congress, on the other hand, have often decided to ignore those points of the constitution.
- JumpCrisscross 8y ago> courts and congress, on the other hand, have often decided to ignore those points of the constitution Saying the Interstate Commerce cases ignore the Constitution is reductive. Many IC-buttresssd laws involve carrots, e.g. highway funds. In other cases, single-state violators are perfectly legal. They just don’t make economy sense in a connection national economy.
- C1sc0cat 8y agoEmptying the bins and basic services - stripping things from the states that should be the same nationally would be a very good thing. Yes I know the historical reasons the US is the way it is but it is the 21st century now not the 18th