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Supremacy Clause
Article. VI and Federal Preemption
State Law versus Federal-
Which rules?
[THE SUPREMACY CLAUSE Article. VI. T his
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, any thing in the
Constitution or Laws of any State to the Contrary notwithstanding.]
Any
federal law does trump any conflicting state law
Issues like credit reporting and debt collector abuse are researched by
millions of consumers each and every day. Commonly, there is confusion as to
whether the law to consider is a state or federal law and which one will
finally rule. The Supremacy Clause in the Constitution explains that federal
law always trumps state law which means federal always wins if there is a
conflict between the two. If there is no conflict then the state law will be
used but if there is any question or conflict of the two reading as the
same, then the federal rule would win.
According to
FindLaw,
State courts are bound then to give effect to federal law when it is
applicable and to disregard state law when there is a conflict; federal law
includes, of course, not only the Constitution and congressional enactments
and treaties but as well the interpretations of their meanings by the United
States Supreme Court. While States need not specially create courts
competent to hear federal claims or necessarily to give courts authority
specially, it violates the supremacy clause for a state court to refuse to
hear a category of federal claims when the court entertains state law
actions of a similar nature.
According to
LectLaw,
Under the Supremacy Clause, everyone must follow federal law in the face of
conflicting state law. It has long been established that "a state statute is
void to the extent that it actually conflicts with a valid federal statute"
and that a conflict will be found either where compliance with both federal
and state law is impossible or where the state law stands as an obstacle to
the accomplishment and execution of the full purposes and objectives of
Congress. Edgar v. Mite Corp., 457 U.S. 624, 631 (1982). Similarly, we have
held that "otherwise valid state laws or court orders cannot stand in the
way of a federal court's remedial scheme if the action is essential to
enforce the scheme."
S tone
v. City and County of San Francisco, 968 F.2d 850, 862 (9th Cir. 1992),
cert. denied, 113 S. Ct. 1050 (1993). Due to concerns of comity and
federalism, the scope of federal injunctive relief against an agency of
state government must always be narrowly tailored to enforce federal
constitutional and statutory law only.
Toussaint v.
McCarthy, 801 F.2d 1080, 1089 (9th Cir. 1986), cert. denied, 481 U.S. 1069
(1987). This is critical because "a federal district court's exercise of
discretion to enjoin state political bodies raises serious questions
regarding the legitimacy of its authority." If Congress expressly provides
for exclusive federal dominion or if it expressly provides for concurrent
federal-state jurisdiction, the task of the Court is simplified, though, of
course, there may still be doubtful areas in which interpretation will be
necessary.
Where
Congress is silent, however, the Court must itself decide whether the effect
of the federal legislation is to oust state jurisdiction.
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Library
History of Banking Fraud:
The Coming Battle
By M. W. WALBERT
The Coming Battle
documents from Congressional records, newspaper reports and writings by
the founding fathers and others a chronology of events long forgotten that
shaped our fledgling nation from 1776 to 1899. Read about the manipulation
of our money and its supply, the intentional creation of recessions,
depressions and panics, manipulation of the stock markets, and the
demonetization of silver.
Secrets of the Federal Reserve
by Eustace Mullins
Eustace Mullins' carefully
researched and documented treatise picks up from Walbert's expose' of
control of the money supply and the economy and
brings it to the mid 1980's.
The
World Order
by Eustace Mullins
How control of the world's money has inexorably led to an ever tighter
grip on control of the world's people.
Brave New World
by Aldous Huxley
Huxley presents a dystopic view of a future
in which mind-control creates a harmonized society stratified into classes
suitably manipulated and deprived to carry out work tasks with a hive
mentality. A foreign element is inserted when a high ranking Alpha brings a
Native American from a Reservation and a new perspective on freedom gnaws at
the fabric of the propaganda matrix.
Propaganda
by Edward Bernays
Walter
Lippmann's book, Public Opinion, published in 1922, detailed the
study in which he and Edward Bernays were involved while in London during
the First World War. It had to do with painting pictures inside people's
heads, which were cunningly and deliberately designed by expert craftsmen to
mislead not only individuals but entire societies.
Pawns in the Game
by William Guy Carr
This is the classic expose' of the New World Order from a Commander in
the Canadian Navy through the first half of the 20th Century.
Commander Carr was introduced to the Hidden Hand early in his life and
pursuing its mysteries became a lifelong mission.
Social Credit
by CH Douglas
In every country of the world the global financial system has
repeatedly been brought to the Bar of
Public Opinion as the chief factor in world unrest, and there is little
doubt that the jury of We the People has confirmed the Verdict somewhat rhetorically
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money power preys upon the nation in times of peace, and conspires against
it in times of adversity. It is more despotic than monarchy, more insolent
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can only be overthrown by the awakened conscience of the nation."
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by David
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Taking Back Your Power
by Allen Aslan Heart
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In accordance with Title 17
U.S.C. Section 107, this material is distributed without profit to those who
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research and educational purposes.
© 2007, Allen Aslan Heart / White Eagle Soaring of the Little Shell Pembina Band, a
Treaty
Tribe of the Ojibwe Nation
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