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

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Q: 

Are citizens of the state of California protected by the U.S. constitution?

A:  Yes, obviously.. and everyone uses the constitution (state or federal) only when it''s in their best interest. But remember that the federal constitution only protects against specific things -- mostly in Article VI, 6 of the first 8 Amendments, the 14th and 15th and a few others. The rest is just about how the federal govt is supposed to work. As usual, no facts, no proof, no examples...whatever. Yes, the U.S. constitution applies even in the People''s Republic of California. And I find it interesting that you don''t cite any examples of this in your question. Why is that, I wonder? As a citizen...

Q: 

The constitution, Original Intent and Social Programs

A:  Preamble We, the People of the United states, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this constitution for the United states of America. If you can drive one camel through "promote the general Welfare. . . ", you can drive a herd. Now, I suspect the original intent was to create post offices and maybe maintain interstate waterways, but there''s the justification. Madison would be shocked at what we''ve done with it. Roger - I know that people have twisted that to justify what they...

Q: 

What are the powers and function of the Monarchy in the British constitution?

A:  Ever since the signing of the Magna Carta in 1215, the power of the British Monarchy has been transferred to Parliament, the legislative body. (The two Houses of Parliament are the House of Lords and the House of Commons.) This arrangement is called a ''constitutional monarchy,'' (although even here the term ''monarchy'' very relative.) The ''Queen'' or ''King'' nevertheless has an important representative function, which should not be underestimated.  For example, Queen Elizabeth formally opens and closes all sessions of Parliament, and she is often called upon to represent Britain in diplomatic ceremonies, both at home and abroad. The Queen does indeed have some political sway in foreign affairs, but her power is limited. For example, her...

Q: 

How does allowing same sex couples to be married cause "irreparable injury" to the residents of California?

A:  Before I answer, I am for gay marriage because the constitution guarantees equal protection of the law. That said, a state also has the right to regulate the "health and safety" (police powers) of the state. Californians made an Amendment to their constitution banning same sex marriage. If that is overturned, the will of the people will be violated, which is also unconstitutional. The way to answer the question is who has jurisdiction, the feds or the state? The state does because marriage falls under the police powers which can be proven by showing that every

Q: 

To the supporters of Roe vs. Wade

A:  Re: To the supporters of Roe vs. Wade john w k wrote:To the supporters of Roe vs. Wade[/color] I have long been amazed at those who defend Roe vs. Wade and their complicity in the subjugation of our constitutional system! The constitution secures and protects individual liberty from both federal and state oppression of individual liberty. The Supreme Court, in Roe v. Wade, struck down an oppressive state law as unconstitutional in violation of the Fourteenth Amendment. The Court decided a case or controversy arising under the constitution and was acting in accordance with the powers it was delegated in the

Q: 

Any rights for victims of US government non-criminal actions?

A:  ndiamond...despammed.com wrote: Under a certain condition, some of the promises that Amendment VI makes to the accused are a public trial, by an impartial jury in the state where the crime shall have been [allegedly?] committed, to be informed of the nature and cause of the accusation, and the have the Assistance of Counsel. But the condition is that the prosecution be criminal. In the past in this newsgroup I have learned that deprivation of property and sometimes deprivation of liberty are non-criminal actions. Well, it can be depending on the offense and the potential penalties. So in these cases the accused has no right to a public trial, has no right to be informed of the nature and cause of the accusation, and has no right to counsel? The US government is...

Q: 

Final court of appeal? Is there such a thing in the U.S. ?

A:  On Mon, 14 Jul 2003 20:34:37 -0400, krick...my-deja.com (Krick) wrote: "Because marriage falls under the state constitution in the U.S., theMassachusetts Supreme Court would be the final court of appeal, theU.S. Supreme Court would not be able to hear an appeal of the case."What do they mean when they say that "the U.S. Supreme Court would notbe able to hear an appeal of the case"?I thought that something could always be appealed to a higher court inour legal system. The U.S. Supreme Court can only hear issues of federal law, meaning cases under the U.S. constitution, federal statutes, etc. If a

Q: 

Income taxes are needed?

A:  StaR <star_law2003...yahoo.ca> wrote in message news:<csi1lvc1gqnefuohoa28jkeufcno0vur85...4ax.com>... Why "income tax" are needed. Contrary to what our resident damage control goons would have you believe, CANADA and the UNITED stateS OF AMERICA are indeed CORPORATIONS with their own presidents, ministers, governors, board of directors and officers.. They are CORPORATIONS and their charters (the rules) are their constitutions. They are legal fictions created by its citizens for the purpose of organizing and formalizing their relationships with one another. This BODY created by the collective STANDS as an ARTIFICIAL PERSON at law. A government is a body corporate, a corporation created to manage the corporation''s...

Q: 

If the fed government denies me the right ..

A:  Your questions is not really clear, it looks like some part of it got cut off. In any event, the constitution gives you no right to sue the federal government for any money damages. The federal government has sovereign immunity, which means it cannot be sued except where Congress has passed a statute allowing the government to be sued. Right now, there is no statute that gives you a claim against the government if your private insurance carrier drops you or if a private insurance carrier refuses to insure you. If you qualify for Medicare or VA health benefits and get denied those benefits by SSA or the VA, respectively, there are avenues for appealing those denials....

Q: 

What is sexual harassment?

A:  The weblinks below will help you to better understand the topic of your concerns regarding sexual harassment. http://employment-law.freeadvice.com/sexual_harassment http://www.lawyers.com/lawyers/A~1019684~LDS/OHIO+EMPLOYMENT+LAW.html http://www.laborlawtalk.com/archive/index.php/f-8.html http://www.eeoc.gov/types/sexual_harassment.html "To me, this doesn't constitute sexual harassment" Not under the law. She can complain to the employer. The employer would probably take steps to stop this type of discussion. "she said she could get this person fired if she wanted to." An employer is NEVER required to terminate someone. Even if an employee raped another employee, the employer would not have to terminate the rapist. "What