Question on supremacy clause

Assignment Help Business Management
Reference no: EM133046286

The United States government is characterized as Federalism, which means power is shared between the federal and state government. The federal government has the authority to implement laws that govern all states, and states also have the authority to govern themselves.

The federal government has "limited powers" to exercise over the entirety of the nation, such as a levying a tax. However, if the Constitution does not explicitly bestow a particular governing authority to the federal government, than that authority belongs to the state. Collectively these authorities make up a states police power, which is a states ability to exercise authority over a variety of areas that are intended to promote the common good of the people. The textbook psychically references a vaccination mandate as an example of a policing power. (Longest, 2016).

The Constituion contains a "Supremacy Clause," which states that the Constitution, and federal laws authorized by the Constitution, are the paramount lawmaking authories. Thus, a state's self-governing authority is accurately summed up as, "so long as a state's policy does not violate the Constitution or a federal law, that stay may govern itself."

To recap, sometimes states are sovereign, but sometimes the federal government is sovereign. Naturally, disputes happen which is when the courts are requested to settle the disputes. This is where the courts serve as "referees." These disputes are common, and the result of governmental sharing over power between states and the federal government. Like a referee in a sports match, the courts judge if a player has acted within the rules of the game; the rules are written in the Constitution, and the players are other branches or levels of government. For example, if the State of Alabama were to dispute the federal government, and the courts ruled the actions of the federal government to be unconstitutional, then they would favor the State of Alabama in the settlement of the dispute. (Longest, 2016).

A good example of the Supreme Court acting as a Constitutional referee is shown in one of the many challenges to the Affordable Care Act. In the case National Federation of Independent Business vs. Sebelius, the Supreme Court ruled that the individual mandate of the ACA was in fact constitutional. Had the Supreme Court ruled otherwise, the individual mandate would have been revoked. (Longest, 2016). The courts may also rule that an agency may have overstepped its own authority with a particular action, thereby revoking that particular action. In 1996, the Food & Drug Administration attempted to regulate the availability of cigarettes to children and adolescents. Brown & Williamson tobacco company brought this before the Supreme Court, who ruled that the FDA did not in fact have the authority to regulate tobacco. (Longest, 2016).

Roe v. Wade is another example of a case brought before the Supreme Court to act as a referee. Amidst the controversy surrounding the federal legality of abortion, the courts ruled that a woman should be able to procure an abortion, as this was Constitutionally protected by her right to liberty and her right to privacy. (Roe v. Wade. (n.d.).

Dred Scott v. Sanford is another instance in which the Supreme Court was requested to act as a referee to settle a dispute. The dispute was whether or not Congress had the authority to abolish slavery in the free states. The ruling, in 1857, was that slavery was indeed Constitutional, as people of African descent did not have the Constitutional rights of citizens and were also considered property, not citizens. (Scott v. Sanford, n.d.).

(READ THE ABOVE and ANSWER THE QUESTIONS BELOW)

  1. Which ideas or thoughts did you read that you found interesting or insightful? How did these ideas or thoughts inform your own thinking?
  2. Are there any sections that you think you read that could expound upon? (e.g. "I'd really like to hear more about how you think political corruption is a primary factor in this case.")
  3. What thoughts or questions does your reading response trigger for you?

Reference no: EM133046286

Questions Cloud

Complexity of balancing multiple stakeholder interests : What is the challenge and complexity of balancing multiple stakeholder interests and cultural differences in an international labor negotiation.
Examine the alignment of the marketing of infosys : Discuss and examine the alignment of the marketing of infosys with corporate strategy and consumers (what type of marketing; greenwashing etc.).
Regressive aspects of the texas tax system : Identify and discuss four types of taxes in Texas and the regressive aspects of the Texas tax system.
What amount of dividends received by preferred shareholders : The company paid cash dividends as follows: Year 1: $8,000; Year 2: $18,000; and Year 3: $24,000. What the amount of dividends received
Question on supremacy clause : The United States government is characterized as Federalism, which means power is shared between the federal and state government. The federal government has th
What is the per share value of the firm common equity : The firm's cost of common equity is 9% and its weighted average cost of capital is 7%. What is the per share value of the firm's common equity
Replace the full value of the car : You've just graduated from TRSM with a degree in Business Management and you're excited to start your new career as a teller with Alterna Savings - a Toronto Cr
Disruptive innovation in major league baseball : Within baseball, what are the multiple areas to which rigorous quantitative analysis of aspects of the game (both on and off the field) can add value for the ow
Create an application that contains an enumeration : Create an application that contains an enumeration (enum) that represents the days of the week. Display a list of the days, then prompt the user for a day

Reviews

Write a Review

Business Management Questions & Answers

  Have you ever worked at a fast-food restaurant

Have you ever worked at a fast-food restaurant? Would you consider opening a fast-food franchise? Why?

  Plan to incorporate business

Jane and Joe plan to go into business together. They plan to incorporate the business.

  Whats the difference between hearing and listening and do

whats the difference between hearing and listening and do you prefer email voice mail texting or talking to a live

  Healthcare facility and presents current budget information

Research paper topic that gives basic background information about your healthcare facility and presents current budget information.

  Illustrate what are the complexities of mining textual data

Describe the characteristics and usefulness of text mining. Illustrate what are the complexities of mining textual data compared to numerical data?

  Personal array of digital communication technologies

Where does email fall in your personal array of digital communication technologies? Do you use email for most of your personal and academic communication, or do

  Discuss cournot solution providing 20 points

Discuss cournot solution providing 20 points and well explained. Discuss collusion by cartels and explain 25 points.

  Define porters five forces model

Define Porter's Five Forces model and give examples of forces that affect fortune 500 companies? defines the forces companies face when trying to enter markets.

  Writing to work for eastern enterprises

Pat Edwards agreed in writing to work for Eastern Enterprises, Inc., for three years as manager of Eastern's manufacturing company and to devote

  Identifying the characteristics of effective organizational

A synthesis of the change implementation theories, identifying the characteristics of effective organizational change.

  Define strategic objectives of the organization

Define strategic objectives of the organization. Briefly explain the solutions you are recommending and the operational effectiveness of these solutions.

  Organizational theory journal articles

Your research- centralization, contingency, decentralization, efficiency, mechanistic, organic, organizational behavior, scientific management, stakeholder.

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd