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Where in the constitution does it say that state laws override federal laws? answers (232049)

People haved asked the following law querstions similar to "where in the constitution does it say that state laws override federal laws?". If you have other legal doubts, use the box above to get answers.

Q: 

What constitutes ''fraud'' for determining discharge?

A:  1. does a civil summary judgement for fraud constitute the "fraud" that the bankruptcy law refers to? No, a summary judgment does nto do it, you will have to try the case in bankruptcy court for a detyermination of fraud. 2. Can the lien *ever* be removed through future bankruptcies? If it is not challenged. A state court judgment for fraud if the fraud elements are the same in state law as they are in the Bankruptcy Code, may entitle you to prevail on a nondischargeability action in bankruptcy. Put another way, even if you have a judgment for fraud, you still need to FILE the adversary in bankruptcy. You may not have to do much to get a judgment from the bankruptcy court due...

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does constitution put Supremes in charge of immigration?

A:  EDIT: No. The constitution does not say ''ONLY the Supreme Court has original jurisdiction in cases ...'' It does have original jurisdiction, but that doesn''t mean no one else has jurisdiction! They can certainly ask the Supreme Court to take the case now, eitehr on direct appeal or to argue it de novo. They have absolutely zero chance it will do so. The Supreme Court recognizes that, contrary to your position, the District Court HAS jurisdiction by virtue of Congressional statutes, http://en.wikipedia.org/wiki/Subject-matů and like most cases where a state is a party they will wait for it reach them through the appeals process. MANY cases...

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Are the rights provided under the 1st Amendment to the constitution absolute?

A:  No rights are absolute. (Yelling "fire" in a crowded theater, for example.) Religious practices that violate neutral laws that have have a legitimate purpose can be illegal: Including laws against polygamy, human sacrifice or other forms of abuse, etc. And the US Supreme Court agreed in Reynolds vs US in the 1880s. Your church can actually make any rules it wants without interference. If you as a member do something that breaks a civil law, you go to jail - even if your church told you it was ok. Breaking the law because of religion has never been allowed If it were, there would be Holy Church of Bank Robbers and the jails would be empty. Despite the absolute terms, the first amendment has never been construed in absolute terms....

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What were the principals of the constitution and the ensuring laws that were being challenged or defended?

A:  Separation of powers is the main principle; also, check out the sixth amendment. The President does vow to ''uphold and preserve'' when the oath of office is taken. If two laws conflict, the courts must decide how each law should work....

Q: 

Coquilles'' recognize same sex marriage

A:  @boomerang, Very Interesting... I can imagine that the level of interest that the Feds place in fighting this will depend on the results of November''s elections. @boomerang, Dident we fight a war over this in the 1850 0r 1860''s. Even the tribes are supposed to adhere to the constitution and fedreal law. Not that I dont agree that a legal union should be recognized by government. @rabel22, Tribal law is complicated and it''s interaction with federal law is even more complicated. It is WAY over my head, which is why I asked here. But yes, I believe Tribal law is subordinate to federal law. According to the article several Nations have made law regarding same sex marriage, just like the

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CA Fulltime- What Qualifies? California

A:  I can give you pointers to the CA factsheets on lunch and breaks. There is nothing in the factsheets, or the labor code or the wage orders that makes a mandatory one hour lunch hour illegal. http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm I can give you pointers to the CA factsheets on lunch and breaks. There is nothing in the factsheets, or the labor code or the wage orders that makes a mandatory one hour lunch hour illegal. http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm I am not arguing the one hour lunch break, however wouldn''t the 8 hour day constitute as overtime, because realistically I would be at work for 9 hours. A 1 hour break is hardly separation between shifts. Are there any specifics...

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What is the Rule of Law and how does it impact modern law enforcement?

A:  You only need to read your constitution. Look in the real world. Decode this lyrics '' You''ll see '' ''Wonderful world'' ''Don''t know much'' ''Time after time'' The Great Commandments'' ''The Final Countdown'' ''Mama Mia'' ''Nobody told me'' ''All the children'' ''Lost children'' ''Lost'' ''Stranded in the middle of no where'' What rule of law? For whom? The living like you and me'' Not to a 14 years old? Who is still a 7 years old with school knowledge in the street? How we keep on coming up with new laws that still could not stop the miseries in time? All don''t seem to work on a seven years old child in the street? How the poor cops in the street were living in misery with all the mess created by those seven years old child when they...

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Can you guys answer this law question?

A:  For a short period, effectively NONE, but from 1777, The Articles of Confederation....

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Impairing the Obligation of Contracts - Assignee Liability

A:  If this law is applied prospectively, then this is not an impairment of the obligation of contracts. The very clause first conceives a contract is already in existence and some later act of the legislature seeks to nullify part of the already existing contract or all of it. Article I, section 10, does not, as you assume otherwise, preclude the state from passing legislation which will undoubtedly affect future but presently non-existent contracts. James Wilson, a Framer, understood this provision to apply prospectivley. Quote:James Wilson of Pennsylvania noted that the unforeseen circumstance was still within the legislative power since the clause prohibited "retrospective interferences only." Indeed, the facts of the early cases...

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Shoot to kill?

A:  I have not heard it said in plain English. - Waiting to learn . . . BM Yahoo! News -------------------------------------------------------------------------------- La. governor warns troops will "shoot and kill" Thu Sep 1,11:06 PM ET BATON ROUGE, Louisiana (Reuters) - Louisiana Gov. Kathleen Blanco warned rioters and looters in New Orleans on Thursday that National Guard troops are under her orders to "shoot and kill" to end the rampant violence in the city in the aftermath of Hurricane Katrina Announcing the arrival of 300 Arkansas National Guard troops in New Orleans fresh from service in Iraq, Blanco said, "these troops are battle-tested. They have M-16s and are locked and loaded." "These troops know how to shoot and kill and I expect they...