#supremacyclause — Public Fediverse posts
Live and recent posts from across the Fediverse tagged #supremacyclause, aggregated by home.social.
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Federal judge blocks CA law forcing federal agents to unmask, citing Supremacy Clause violation. The ruling affirms federal operational authority over state-level mandates, setting a clear precedent: states cannot legislate away federal agents' operational security or inherent authority.
#law #news #supremacyclause -
As for the part of the #law that lets people sue #federal agents for violations of the #Illinois #Constitution, the 2 professors wrote, “that provision won’t stand” under the #SupremacyClause.
Still, Vikram Amar said, such #StateLaws can serve a larger purpose.
“In the spirit of #federalism. Not only can #states experiment in this way, but doing so would likely lead #Congress to address the problem,” he said.
#Trump #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP #UseOfForce
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As for the part of the #law that lets people sue #federal agents for violations of the #Illinois #Constitution, the 2 professors wrote, “that provision won’t stand” under the #SupremacyClause.
Still, Vikram Amar said, such #StateLaws can serve a larger purpose.
“In the spirit of #federalism. Not only can #states experiment in this way, but doing so would likely lead #Congress to address the problem,” he said.
#Trump #Constitution #StatesRights #CivilRights #autocracy #ICE #CBP #UseOfForce
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The #Trump admin promptly sued #Illinois, saying the #law violated the #Constitution’s #SupremacyClause, which generally prohibits #states from enacting measures at odds with #FederalLaw. Whether to allow lawsuits against #federal agents for violating the federal #Constitution, the admin’s complaint said, “is a policy choice for Congress.” [ridiculous]
Professor Amar said aspects of the IL #StateLaW might be problematic, but that its core idea is sound.
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The #Trump admin promptly sued #Illinois, saying the #law violated the #Constitution’s #SupremacyClause, which generally prohibits #states from enacting measures at odds with #FederalLaw. Whether to allow lawsuits against #federal agents for violating the federal #Constitution, the admin’s complaint said, “is a policy choice for Congress.” [ridiculous]
Professor Amar said aspects of the IL #StateLaW might be problematic, but that its core idea is sound.
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Random law things. And my heart is breaking for you Minnesota.
https://youtube.com/shorts/aITepBX8sAA
#TheKoreanVegan #Lawyer #SupremacyClause #USPol #ImproperUseOfForce -
Random law things. And my heart is breaking for you Minnesota.
https://youtube.com/shorts/aITepBX8sAA
#TheKoreanVegan #Lawyer #SupremacyClause #USPol #ImproperUseOfForce -
The Trump Administration Just Sued IL, Chicago Over State Laws Around Immigration Enforcement
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#ICYMI #RonDeSantis ideological ban on #LabGrown #Meat substitutes is unconstitutional violation of #SupremacyClause .
#Florida move to pre-empt #FederalLaw and violate the #CommerceClause by insulating #FloridaAg from out-of-state competition is being challenged by CEO and MD #UmaValeti whose company #UpsideFoods filed a federal #lawsuit in the Northern District of Florida.
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#ICYMI #RonDeSantis ideological ban on #LabGrown #Meat substitutes is unconstitutional violation of #SupremacyClause .
#Florida move to pre-empt #FederalLaw and violate the #CommerceClause by insulating #FloridaAg from out-of-state competition is being challenged by CEO and MD #UmaValeti whose company #UpsideFoods filed a federal #lawsuit in the Northern District of Florida.
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“We have granted certiorari & heard argument. We have had ample opportunity to consider the issues. The parties were well represented on both sides, & dozens of amici have weighed in.…The necessary #legal reasoning is straightforward, & the answer to the question presented is…clear: #IdahoLaw prohibits what #FederalLaw requires, so…under the #SupremacyClause, #Idaho's #law is pre-empted.…There is simply no good reason not to resolve this conflict now.”
- #SCOTUS Justice #KetanjiBrownJackson
3/
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“We have granted certiorari & heard argument. We have had ample opportunity to consider the issues. The parties were well represented on both sides, & dozens of amici have weighed in.…The necessary #legal reasoning is straightforward, & the answer to the question presented is…clear: #IdahoLaw prohibits what #FederalLaw requires, so…under the #SupremacyClause, #Idaho's #law is pre-empted.…There is simply no good reason not to resolve this conflict now.”
- #SCOTUS Justice #KetanjiBrownJackson
3/
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Texas House passes bill that authorizes officers to arrest migrants, one of strictest immigration proposals in US
https://abcnews.go.com/International/texas-house-considers-bill-authorizes-officers-arrest-migrants/story?id=104857797...Officers and state agencies would be cleared to transport them to ports of entry to make sure they comply. If migrants refused to comply with an order to return, they could be charged with a second degree felony and face up to 20 years in prison...
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Texas House passes bill that authorizes officers to arrest migrants, one of strictest immigration proposals in US
https://abcnews.go.com/International/texas-house-considers-bill-authorizes-officers-arrest-migrants/story?id=104857797...Officers and state agencies would be cleared to transport them to ports of entry to make sure they comply. If migrants refused to comply with an order to return, they could be charged with a second degree felony and face up to 20 years in prison...
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@fuzztech Americans threw out an army of foreign despots to gain independence, only to see units of domestic despots grow up to fight Americans' constitutionally enshrined self-determination, human & civil rights?
No way!
#MajorityRule #SupremacyClause #CommonGood #CommonGround #DefendDemocracy #HumanityMatters #YourVoiceMatters #YouMatter #RaiseYourVoice #FirstAmendment #BookBans #BookBurning #GOPInsurrection -
@fuzztech Americans threw out an army of foreign despots to gain independence, only to see units of domestic despots grow up to fight Americans' constitutionally enshrined self-determination, human & civil rights?
No way!
#MajorityRule #SupremacyClause #CommonGood #CommonGround #DefendDemocracy #HumanityMatters #YourVoiceMatters #YouMatter #RaiseYourVoice #FirstAmendment #BookBans #BookBurning #GOPInsurrection -
@Nonilex Abusers of power & accessories to Conspiracy Against Rights don't get to claim protection against accountability & the laws under the #SupremacyClause.
#RuleOfLaw #AccountabilityMatters #JusticeMatters #EqualProtection = #EqualAccountability #Georgia #Trump #Meadows #Raffensperger #FindMeVotes #VoterSuppression #ElectoralFraud #FakeElectors #BanTheGOP #OrganizedCrime #CriminalNetwork #RICO
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@Nonilex Abusers of power & accessories to Conspiracy Against Rights don't get to claim protection against accountability & the laws under the #SupremacyClause.
#RuleOfLaw #AccountabilityMatters #JusticeMatters #EqualProtection = #EqualAccountability #Georgia #Trump #Meadows #Raffensperger #FindMeVotes #VoterSuppression #ElectoralFraud #FakeElectors #BanTheGOP #OrganizedCrime #CriminalNetwork #RICO
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The #law requires #defendants to establish 3 things to move a case to #FederalCourt: that they were an officer of the US or acting under an officer; that they’re facing #criminal charges “for or relating to any act under color of such office”; &that they have raised or will raise a “colorable federal defense.” #Meadows filed a separate motion in fed court to #dismiss #charges against him under the #Constitution’s #SupremacyClause, but this will be heard only if his arguments for #removal prevail
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The #law requires #defendants to establish 3 things to move a case to #FederalCourt: that they were an officer of the US or acting under an officer; that they’re facing #criminal charges “for or relating to any act under color of such office”; &that they have raised or will raise a “colorable federal defense.” #Meadows filed a separate motion in fed court to #dismiss #charges against him under the #Constitution’s #SupremacyClause, but this will be heard only if his arguments for #removal prevail
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Separately, #FaniWillis also attacks Meadows’ claims that because he was doing the President’s bidding he should have immunity from #FultonCounty prosecution. #Meadows tries to rely on the #SupremacyClause, the provision of the U.S. Constitution that says federal law takes precedence over state law. Meadows claims that Trump was somehow enforcing U.S. election law, a federal responsibility that cannot be the subject of a state criminal prosecution. 5/ #LawFedi
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Separately, #FaniWillis also attacks Meadows’ claims that because he was doing the President’s bidding he should have immunity from #FultonCounty prosecution. #Meadows tries to rely on the #SupremacyClause, the provision of the U.S. Constitution that says federal law takes precedence over state law. Meadows claims that Trump was somehow enforcing U.S. election law, a federal responsibility that cannot be the subject of a state criminal prosecution. 5/ #LawFedi
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#Meadows… asked the judge to force the halt pending a separate request… to remove his case to #FederalCourt. (He) …argued that (his)… acts… were protected by his status… as a federal ofcl (#SupremacyClause), & that that protection should also protect him from #arrest while the case is pending.
Judge Jones denied that request, saying that he had not yet made any decision about Meadows’ case. Therefore, he ruled, the state #criminal process — including Meadows’ arrest — would have to go ahead.
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#Meadows… asked the judge to force the halt pending a separate request… to remove his case to #FederalCourt. (He) …argued that (his)… acts… were protected by his status… as a federal ofcl (#SupremacyClause), & that that protection should also protect him from #arrest while the case is pending.
Judge Jones denied that request, saying that he had not yet made any decision about Meadows’ case. Therefore, he ruled, the state #criminal process — including Meadows’ arrest — would have to go ahead.
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If the motions for removal of the #Georgia case are successful, the defendants would probably then argue in #FederalCourt that they should not be charged for state #crimes, (per) …the #SupremacyClause of the US Constitution, which says that fed #laws generally take precedence over state laws.
3 of the 19 defendants charged by #Willis were fed ofcls at the time…: #Trump, #Clark & #Meadows. Meadows filed a motion on Fri …to dismiss the charges against him, based on the Supremacy Clause.
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If the motions for removal of the #Georgia case are successful, the defendants would probably then argue in #FederalCourt that they should not be charged for state #crimes, (per) …the #SupremacyClause of the US Constitution, which says that fed #laws generally take precedence over state laws.
3 of the 19 defendants charged by #Willis were fed ofcls at the time…: #Trump, #Clark & #Meadows. Meadows filed a motion on Fri …to dismiss the charges against him, based on the Supremacy Clause.
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#supremacyclause can be your friend. Sometimes. #GunReformNow #guns #law #politics #courts
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RT @nbcnews
Federal judge rules a Missouri state law that declared several federal gun laws “invalid” is unconstitutional. https://nbcnews.to/41KXeCO
https://twitter.com/NBCNews/status/1633278131309252615 -
#supremacyclause can be your friend. Sometimes. #GunReformNow #guns #law #politics #courts
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RT @nbcnews
Federal judge rules a Missouri state law that declared several federal gun laws “invalid” is unconstitutional. https://nbcnews.to/41KXeCO
https://twitter.com/NBCNews/status/1633278131309252615 -
Is there a U.S. #constitutional #scholar lurking?
I'm curious about whether the #SupremacyClause is invertible -- that is, if the national #legislature is enjoined from passing a certain type of law, does that injunction also apply to more local #jurisdictions, such as states and municipalities, likewise preventing them from making such laws or ordinances?
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Is there a U.S. #constitutional #scholar lurking?
I'm curious about whether the #SupremacyClause is invertible -- that is, if the national #legislature is enjoined from passing a certain type of law, does that injunction also apply to more local #jurisdictions, such as states and municipalities, likewise preventing them from making such laws or ordinances?
