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Politics : PRESIDENT GEORGE W. BUSH -- Ignore unavailable to you. Want to Upgrade?


To: gao seng who wrote (109559)12/10/2000 1:33:30 PM
From: lawdog  Read Replies (1) | Respond to of 769667
 
Are you a total idiot? That's a Commerce Clause case. The Commerce Clause is Constitutional mandate which takes precedent over state law under the Supremacy Clause. You need to find a case in which the US S.Ct. overruled a state S.Ct. that was interpreting state law. There are many cases in which the US S.Ct. has ruled state laws to violate the US Constitution. However, Bush has failed at every attempt to argue Federal Law or US Const. violations.

You just earned a big fat F on your first law exam. Stick to engineering.



To: gao seng who wrote (109559)12/10/2000 1:48:49 PM
From: chalu2  Read Replies (2) | Respond to of 769667
 
That was a fascinating post, gao, and an interesting decision. It shows that sometimes parochial and chauvinistic state policies require federal intervention. I understand all the wonders of the 50 state system, but as a lawyer for small businessmen, I can tell you that the need to comply with the (sometimes contradictory or vague) laws of 50 states is a big burden on business in this country, for those who do business throughout the country. Sometimes states get together to create uniform laws to address these problems, sometimes they don't.

One commentator I saw yesterday said that Florida's mess is reflective of an extreme delegation to the local canvassing boards to set the recount standards they see fit. This may allow for the creation of standardless standards, which is less of an oxymoron than it appears on the surface.

Maybe, one of the major lessons we will take away from this is that decentralization and local delegation is not always a Good Thing in areas where there's a need for uniformity and certainty.