8/22 Which court has higher power, a US District court or a
state Supreme Court?
\_ Federal courts have jurisdiction over Constitutional
matters, which, unfortunately thanks to the loose
constructionists (ie. libs), basically means everything.
So in practice the Fed trumps all.
\_ Actually, this isn't a liberal/conservative thing, it's
part of the constitution, Article VI and the precedence
of McCulloc v. Maryland. However, the Bill of Rights does
provision that non-delegated rights (read, enumerated rights)
are reserved for the states. So in other words, if the Fed
doesn't give a crap about xyz, then the state has the right
to do xyz. A prime example of this was slavery, which before the
civil war and 13th was offically a state issue (with
the exception of the Missouri Compromise when things got out
of hand).
\_ States do not have rights, only people do.
\_ Don't forget corporations! They have rights too.
\_ Not really. Ask Nike.
The Constitution was framed to enumerate
their state governments.
powers delegated to the Federal government,
everything else defaulted to the people and
their state governments. The Constitution
was meant to restrict the Federal government,
not citizens.
\_ That's why the 2nd amendment exists, so the
government can restrict gun ownership. Oh wait,
uhm, errr, nevermind!
\_ "The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people."
Amendment X, US Constitution. In other words, if it's
not in the Constitution (or its Amendments), it's a
State issue.
\_ Uh, not exactly. It basically means any Law passed by
Congress is the Law of the Land. If Congress passes
an unconstitutional law then it can be contested and
overturned by the Supreme Court. However, Congress can
try to amend the Constitution so that its law is
constitutional. A prime example is Income Tax.
\_ Howzabout this: if it's not in the Constitution,
it's a State issue; however, the Fed. Gov. can
make it a Federal matter by passing an amendment
or passing a law that the courts fail to strike
down as unconstitutional.
\_ looks like the conservatives, particularly Ashcroft, are the
ones trying to deny state rights these days. -tom
\_ hey, you're your dead senator's wife. what's the problem?
\_ a politician flip-flopped when it suited him.. really rare
\_ The Justic Department does not enact laws, they enforce them.
National defense is the primary responsibility of the Federal
government.
\_ True, but the Justice Department also puts heavy pressure
on lawmakers of the President's party to toe its line.
And sometimes it quite simply ignores laws. -John
\_ "Heavy pressure"? Golly, that's mean of them! Those
lawmakers that are only held to account by the voters
are under "heavy pressure" by some paper pusher
appointees in the JD! Mean, mean, mean, I say!
\_ [plonked again] |