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Identify the tension caused by the commerce clause in the Constitution.?
Its grants power over congress over interstate commerce
If congress passes a new law that conflicts with the constitution are you required to follow the new law or the US Constitution?
Sometimes Congress passes laws that are in conflict with the Constitution. Should this happen, the Supreme Court will place a ruling on the law making it void. This is because the US constitution is the supreme law of the country, and no law is allowed to go against it.
Changing the Constitution?
The Constitution cannot be changed. The rules an provisions may be amended from time to time for clarification, but only so long as the amendment is not in direct conflict with the original intent of the founding document. If an amendment is in conflict with a rule or principle expressed in the Constitution it is unconstitutional, and therefore null and void from the time of its passage.
President Johnson was impeached because of a conflict between?
congress
What action can be taken by the US Supreme Court to illustrate the concept that the Constitution is the supreme law of the land?
It is this power which actually allows the court system to uphold the constitution as the supreme law of the land. It judges all laws against that of the constitution. if there is discrepancy, it is not the constitution that changes, but the law in question. The Supreme Court can find a law passed either by Congress or any of the states conflicts with the constitution and declare that it is invalid and of no force or effect. The Court has no power to simply do this on its own. The issue must come to it via a proper lawsuit which alleges that the law unconstitutionally harms a protected right. This is called the power of "judicial review". An example is the case of Gibbons v. Ogden, which involved a claim that a New York law that gave a person exclusive rights to run a ferry service between New York and New Jersey. The Supreme Court ruled that the New York law was in conflict with the provision of the Constitution that gives Congress the sole power to regulate interstate commerce. The Court ruled the law was unconstitutional and not binding because the Constitution is supreme over state laws.
Which provision of the Constitution resolves conflicts between the laws of a state and laws passed by the U.S. Congress ensuring that the Constitution is at the top?
The Supremacy Clause, found in Article VI, Clause 2 of the U.S. Constitution, resolves conflicts between state laws and federal laws enacted by Congress. It establishes that the Constitution, and federal laws made pursuant to it, are the supreme law of the land, meaning they take precedence over state laws. This provision ensures that when state and federal laws conflict, federal law will prevail, maintaining a consistent legal framework across the country.
What happens if there is ever a conflict between a state law and a federal law that falls within the framework of the Constitution?
The United States Constitution always, always, always trumps any state constitutions. When there is a conflict, and that conflict comes into play in a court action, the court is bound to give force to the US Constitutional provision and invalidate the state constitutional provision.
What is the difference between aw provision and rule?
A Supreme Court judgment on this point says that a rule will prevail over the provision if there is a conflict. Further in order to be a valid rule, the rule has to qualify the publication and shouldn't be against the public policy, constitution and parent Act.
Identify the tension caused by the commerce clause in the Constitution.?
Its grants power over congress over interstate commerce
Ares of conflict between congress and the president?
Refer to: What are the main causes of conflict between the President and Congress?
If congress passes a new law that conflicts with the constitution are you required to follow the new law or the US Constitution?
Sometimes Congress passes laws that are in conflict with the Constitution. Should this happen, the Supreme Court will place a ruling on the law making it void. This is because the US constitution is the supreme law of the country, and no law is allowed to go against it.
Changing the Constitution?
The Constitution cannot be changed. The rules an provisions may be amended from time to time for clarification, but only so long as the amendment is not in direct conflict with the original intent of the founding document. If an amendment is in conflict with a rule or principle expressed in the Constitution it is unconstitutional, and therefore null and void from the time of its passage.
What act did Marbury Vs Madison decalre unconstutional?
The Supreme Court case Marbury v. Madison (1803) declared a provision of the Judiciary Act of 1789 unconstitutional. This provision allowed the Supreme Court to issue writs of mandamus, which would have enabled the Court to compel government officials to act, thus exceeding the authority granted to the Court by the Constitution. This landmark decision established the principle of judicial review, allowing the Court to invalidate laws that conflict with the Constitution.
What court has exclusive appellate jurisdiction in cases involving the validity of a provision of the Missouri Constitution?
Cases involving state constitutional questions that don't conflict with the US Constitution are heard in the state court systems. In Missouri, the Supreme Court of Missouri has ultimate authority over state constitutional issues under appellate jurisdiction.
What are the main causes of conflict between the president and Congress?
Members of Congress often have ideas very different from the president about what constitutes desirable public policy.
Does congress have control over military forces?
No, however Congress decides whether or not to get involved in conflict.
What legislative body can pass a law that can conflict with Constitution?
No legislative body can pass a law that conflicts with the Constitution, as the Constitution is the supreme law of the land in the United States. Any law passed by Congress or state legislatures that contradicts the Constitution can be declared unconstitutional by the judiciary, specifically the Supreme Court. This principle is established through judicial review, ensuring that all laws comply with constitutional provisions.
