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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?

To: DuckTapeSunroof who wrote (42909)	4/25/2010 6:28:56 PM
From: TimF	Read Replies (1) \| Respond to of 71588

The statement I've effectively refuted is "Although the US Constitution means that laws in the States cannot overrule or change federal election laws, so you would have to be talking about some sort of national law you wanted to see get passed." Message 26480666 Not the "cannot overrule or change federal election laws" part but the "so you would have to be talking about some sort of national law you wanted to see get passed". Preemption means if there is a federal law that forbids this activity (states requiring proof of eligibility to run for president), than you would need a change in federal law, not a state law, in order to impose the requirement. Preemption does not by itself, or in combination with the constitution giving the federal government the power to regulate in an area) preclude state regulation in that area, it only means that if the feds do exert their authority in that area that any existing or future state laws or regulations that conflict with the federal law are rendered inoperative. Any state law or regulation that doesn't conflict with specific federal law still is in effect. But in the absence of any such federal law, the states can indeed impose the requirement. Preemption means federal law trumps state law, in areas properly under the limits of federal power per the constitution, not that states can not have laws, or that those laws have no effect in such areas, in the absence of a specific federal statute forbidding the state regulation. You have failed to show any such federal statue. I'm pretty sure that's because it doesn't exist. The 50 states must be pretty sure as well as all 50 of them regulate every federal election.