Americans with a Better Cause (Abc), a Nonprofit Organization, Files a Suit Against the U.S. Department of Justice (Doj), Claiming That a Certain Federal Statute the Doi Is Empowered to Enforce Conflicts, with the U.S.

Only available on StudyMode
  • Download(s) : 525
  • Published : February 20, 2013
Open Document
Text Preview
According with what we learned so far and the book, there are 4 sources of American law. The U.S. Constitution and the constitutions of the various states. Statutory law—including laws passed by Congress, state legislatures, or local governing bodies. Regulations created by administrative agencies, such as the Food and Drug Administration. And finally, case law and common law doctrines. In the case of a federal statute conflicting with the United States Constitution then the Constitution will take priority as it has throughout history of the U.S. Supreme Court. If a federal law is in direct conflict with a state statute, where the “supremacy clause” is valid, such as interstate commerce for example, then the federal law will be superior. However, if the federal law is NOT one that the federal government has exclusive control over, then the state constitution will control unless the federal government can show there is government need that is greater, as in the case of a national emergency, for example.

The U.S. Constitution will always have priority if any law is in violation of it regardless of what its source. If a state constitution does not violate the U.S. Constitution of federal law then it is supreme within the state’s borders, thus in both cases the U.S.Constitution will always prevail.

Hence in the case above the DOJ enforcing the constitutional laws trumps the ABC suit conflicting with state law. The U.S. Constitution will always trump any federal statute but it is irrelevant if a federal statute conflicts with a state constitution due to the supremacy clause.

US Constitution Art VI, Clause 2

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary...
tracking img