Government Anyone?

I have a question about the question. The question says " there has been an effort to....... ", an effort by whom?

Be gentle with me as I know nothing about the American republic and am not looking for a lesson in the subject, I am just interested in what the question actually states/asks

John

 

John, perhaps it refers to some of the Supreme Court decisions, returning authority over some cases back to the states, or their refusal to take certain cases due to the fact that it should be a matter of state law, not constitutional law....

It sure as heck does not refer to the Congress, as they seem to want to control everything! sheesh! ;D

 

that part that says there has been an effort was a quote in the question ...im guessing that the effort would be by the state

 

Bruce, how does that case show a shift of powers back to the states? They accepted the case and ruled on it federally?

 

well, the act of trying to go against the constitution is an act to shift power from the federal gov to the states, if it had been ruled in their favor it would have been a sucessful shift instead it was only a try to shift

 

Hmm, I think you have it a bit backwards....

By going to the Supreme court, you are asking for a federal decision, thereby conceding the state power to the federal goverment, regardless of the outcome. The federal government has made the decision. (with the exception of the Supreme court denying to take the case based on state's right issues)

Try this link...

http://www.brook.edu/gs/cps/research/projects/50ge/endeavors/states.htm

 

And this one, it sort of explains the drift from states to federal powers as a change in interpretation of our federation as a dual federation to a cooperative federalism.

http://www.usconstitution.net/consttop_fedr.html

 

Additionally, no state CAN go against the US Constitution as stated here in Article VI ( link excerpted from is here http://www.law.cornell.edu/constitution/constitution.articlevi.html )

"This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. "

The last clause applies to State Constitutions and laws MAY NOT be in conflict with the Federal Constitution. If they are, they will be struck down as unconsitutional...


Do you have a headache yet? ;D I truly love this stuff!

 

Wasn't the last time a state tried to truly go against the constitution somewhere arount 1861? And we know what happened then!

 

lol