supremacy doctrine

4575 results for supremacy doctrine

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  • Additional Checks and Balances

    § 20.1. Separation of Powers Checks and Balances. § 20.1.1 Having Some Constitutional Government Structure in Place and Operating. § 20.1.1.1 Ensuring the Continuity of Government. § 20.1.1.2 The 1781 Articles of Confederation and Their Replacement by the 1789 Constitution. § 20.1.1.3 Amending the United States Constitution. § 20.1.2 Issues in the Election of Members of the Federal Government. §...

  • Judicial Review

    § 17.1 Foundations of . § 17.1.1 The Nature and Basis of . § 17.1.2 During the Original Natural Law Era: 1789-1873. § 17.1.2.1 Marbury v. Madison versus the Tripartite Theory of . § 17.1.2.2 Martin v. Hunter's Lessee and Federal Court Supremacy. § 17.1.3.1 During the Formalist Era: 1873-1937. § 17.1.3.2 During the Holmesian Era: 1937-1954. § 17.1.3.3 During the Instrumentalist Era: 1954-1986. ...

  • Ferraro and Steinem: 'White Women Gone Wild'

    Clearly, both groups have been victimized by privileged White males. Therefore, it's surprising that [Gloria Steinem] and [Geraldine Ferraro] are directing their anger at African Americans rather than at White men. In her column, Steinem complained, "Black men were given the vote a half-century before women of any race were allowed to mark a ballot (translation: even before White women), and ...

  • Rosewood

    was a predominantly Black town in Florida that experienced one of the most vicious massacres of Black people in America early in the 20th century. That the massacre was not widely reported was partly because of the racial atmosphere at that time and a similar massacre that had taken place a year earlier in Greenwood District known as "the Black Wall Street," in Tulsa, Oklahoma, that...

  • Davis v. Michigan Dept. of Treasury, 489 U.S. 803 (1989)

    ...The Court of Appeals also held that the doctrine of intergovernmental tax immunity did not render the State's discriminatory tax scheme ... that singles out federal agencies for special burdens is therefore provided by the Supremacy Clause of the Federal Constitution, the doctrine of intergovernmental tax immunity, and statutes ...

  • Administration Sues Arizona Over Immigration Law

    The Justice Department filed suit Tuesday against Arizona, charging that the state's new immigration law is unconstitutional and requesting a preliminary injunction to stop the legislation from taking effect. The lawsuit says the law illegally intrudes on federal prerogatives, invoking as its main argument the legal doctrine of "preemption," which is based on the Constitution's...

  • Lorillard Tobacco Co. v. Reilly, 533 U.S. 525 (2001)

    ... tobacco manufacturers and retailers, filed this suit asserting, among other things, the Supremacy Clause claim that the cigarette advertising regulations are pre-empted by the Federal Cigarette ...514 U. S., at 553-568. These cases, by contrast, concern the Supremacy Clause and the doctrine of pre-emption as applied in a case where Congress expressly precluded certain state regulations of ...

  • Haywood v. Drown, 556 U. S. (2009)

    ... petitioner’s claim that the state statute’s jurisdictional limitation violated the Supremacy Clause. It reasoned that because that law treats state and federal damages actions against ...S. 1 (1950), we held that a State’s application of the forum non conveniens doctrine to bar adjudication of a FELA case brought by nonresidents was constitutionally sound as long as ...

  • Advice and Consent vs. Silence and Dissent? The Contrasting Roles of the Legislature in U.S. and U.K. Judicial Appointments
  • State v. Bies, (Ohio 2003)

    Postconviction - Constitutional Law/Civil;The trial court properly declined to entertain a second petition for postconviction relief, when the petitioner was not unavoidably prevented from discovering the facts underlying the claims set forth in the second petition, and when the claims were not predicated upon a new or retrospectively applicable federal or state right recognized since the filing...

  • Nation of Islam's Future Questioned: ; Group Must Not Depend On the 'Charisma' of One Leader, Ailing Farrakhan Says

    Minister Louis Farrakhan, ailing and in seclusion at his Michigan home, has ceded leadership of the Nation of Islam to an executive board while he recovers, saying the movement must prove that it "is more than the charisma, eloquence and personality" of one person. But those who have watched the Nation evolve over decades believe that the organization - known as much for the dark suits...

  • The jurisprudence of union.

    ...These decisions are conventionally defended (by both courts and commentators) in supremacy-based terms. But I will show that they are rooted, instead, in an ethic of union. . INTRODUCTION . ... the same time, however, language in the relevant precedents suggests that the valid excuse doctrine is about more than discrimination alone. In particular, the cases intermittently maintain that ...

  • Denying Sovereignty: The Louisiana Supreme Court?s Rejection of the Tribal Exhaustion Doctrine
  • Section 2: Judicial Power and Jurisdiction

    ...These restrictions have been encapsulated in a series of principles or doctrines, the application of which determines whether an issue is meet for judicial resolution and whether ... Finally, the Chief Justice noticed the supremacy clause, which gave the Constitution precedence over laws and treaties and provided that only laws ...

  • Stare Decisis and Constitutional Text

    Almost everyone acknowledges that stare decisis should play a significant role when the Supreme Court of the United States resolves constitutional cases. Yet the academic and judicial rationales for this practice tend to rely on naked consequentialist considerations, and make only passing efforts to square the Court's stare decisis doctrines with the language of the Constitution. This Article...

  • Section 8: Powers of Congress

    ... corporate franchises was rejected, partly in consideration of the principle of national supremacy, and partly on the ground that the corporate franchises were private property. This case also ...The second attempt to formulate a general doctrine was made in New York v. United States , where, on review of a judgment affirming the right of the ...

  • Danforth v. Minnesota, 552 U.S. (2008)

    ...First, if there is such a federal rule of law, presumably the Supremacy Clause in Article V of the Federal Constitution would require all state entities-not just state ... more recently, we held that the "Supremacy Clause does not allow federal retroactivity doctrine to be supplanted by the invocation of a contrary approach to retroactivity under state law." ...

  • Alden v. Maine, 527 U.S. 706 (1999)

    ...The doctrine that a sovereign could not be sued without its consent was universal in the States when the ... the constitutional principle of sovereign immunity strike the proper balance between the supremacy of federal law and the separate sovereignty of the States. The first limit is that sovereign ...

  • Section 1: Legislative Powers

    ... drawn from Great Britain, and, as a consequence, violations of the separation-of-powers doctrine by the legislatures of the States were common-place events prior to the convening of the ... properly promulgated under authority received from Congress is law , and under the supremacy clause of the Constitution can preempt state law. Similarly, a valid regulation can supersede a ...

  • Supremacy clause immunity: deriving a willfulness standard from sovereign immunity.

    ...What result? . To answer such a hypothetical, a careful analysis must be made of several interrelated doctrines in constitutional law and federal practice. While such common topics as removal of trials to federal court, qualified immunity of police, and civil liability of federal law enforcement officers all ...

  • The jurisprudence of union.

    ... of the Court's opinions, discussion of that value tends to be obscured in a fog of supremacy-speak or is too brief to allow for consideration of its precise shape or application across ... is important because it provides us with a clearer sense of what, exactly, these bodies of doctrine intend to police; this, in turn, should improve our capacity to identify other species of state ...

  • Kendall v. United States ex rel. Stokes, 37 U.S. 524, 12 Pet. 524 (1838)

    ...It has not only assumed the power, but fortified it by the doctrine that it is to be unquestioned and irresistible. When the court speaks, 'it is in the name of the ... assumed the power, but assumed it as a sovereign, making the assumption the proof of its supremacy; this doctrine, as to the effect of the assertion of the power, may be considered as necessarily ...

  • Preemption and Textualism

    In the critically important area of preemption, the Supreme Court's approach to statutory interpretation differs from the approach it follows elsewhere. Whether in politically salient matters or in more conventional cases, the Court's preemption decisions reflect a highly purposive approach to reading statutes, most notably through the application of "obstacle preemption" analysis. This ...

  • Section 2: Powers and Duties of the President

    ...( United States v. Burns , 79 U.S. 246 (1871)). On the general principle of civilian supremacy over the military, by virtue of the Constitution, it has recently been said: 'The supremacy of the ..., a divided Court, in the elaborately argued Milligan case, reverting to the older doctrine, pronounced void President Lincoln's action, following his suspension of the writ of habeas corpus ...

  • Preemption and textualism.

    ...It criticizes the Nelson/Thomas understanding that the Supremacy Clause calls for rejection of the presumption against preemption and explains the significant role ...The Presumption Against Preemption CONCLUSION INTRODUCTION . Federal preemption doctrine has few fans, (1) and critics attack it from many different directions. Proponents of state ...