Does this mean, if it's not prevented by a State's constitution, that a state's elected leaders could prohibit freedom of speech, the press, assembly, or religion? If a state did that, what basis would federal courts have for overruling it?
Originally Posted by Tiny
Surely you know the answer to that.
Article VI, Paragraph 2 of the U.S. Constitution is commonly referred to as the Supremacy Clause. It establishes that the
federal constitution, and
federal law generally, take precedence over
state laws, and even
state constitutions.
The Constitution/ Federal law supersedes any state law. We found that out when Arizona tried to write it's own immigration law.
What is interesting though and telling about how all this can work sometimes, is the fact that states have written their own drug laws while the federal government keeps telling us they could over rule them "if they wanted". Kinda throws the whole Federal law supersedes state law up for grabs.
Originally Posted by HedonistForever
They are for a reason.
Within the past few days or so a driver (and his dog) were ejected from his jeep on the causeway over to Galveston Island from a high impact collision and apparently landed in the water below the bridge. The dog survived and he didn't. Not confirmed, but I suspect he wasn't wearing his seatbelt. Dog's are required to be "belted into" a vehicle as far as I know.
BTW: Customarily there are exemptions from the seat belt laws that have to do with physical/medical conditions. There are "exemptions' to the 2nd amendment ... and firing off rounds into the air in some designated areas of the country is one of them .... just like carrying a firearm in certain circumstances is as well .... and they have been "tested" (or contested if you please) in court.
Would it "impress" your date to see you get hauled off to jail?
Originally Posted by LexusLover
Interesting, thanks for that. If you're so inclined, any thoughts you'd have about post #81 and Hedonist's reply in post #84 above would be informative.
You know my type: https://www.eccie.net/showpost.php?p...7&postcount=54
She was ghetto. She probably would have been impressed.
Originally Posted by Tiny
#1: If one looks at State Constitutions (particularly in the Southern (as per Confideracy days*) states) there are provisions consistent with the initial Bill of Rights which are enforceable so long as the enforcement doesn't fall below "Federal standards" for protections AND PLUS the 14th Amendment applies the Federal Standards to the States ... as a MINIMUM ... meaning states can assert higher thresholds of freedom ... as opposed to more restrictive standards.
[*The "bill of rights" in State constitutions was a push back against Reconstruction Days when state's rights advocates pushed provisions in their State Constitutions to protect them from carpet baggers dictating things for them to do. That's why so many state positions are elected .... judges for instance ... in the Constitutions and enabling legislation. Retains those positions in voters.)
#2: The SCOTUS has historically left many matters for state control and kept the Feds out of the State's business. FYI: Some of the standards with respect to LE being discussed today may fall into that category once they are crafted, published, and adopted by the Feds.....who can tie it to funding grants as a requirement, but may not be able to require them otherwise.
The "Supremacy Clause" has historically been applied to matters that are considered within the Federal jurisdiction, which admittedly has broadened over the years, but has limitations historically with the SCOTUS telling Congress "hands off"!
Example: When the firearm registration and background checks were imposed on Sheriff's and their departments .... and the Sheriff's pushed back .... so they weren't REQUIRED to do them, since Congress had no authority to do so. Sheriff's in Texas (and other states where elected) answer to the voters and not Congress .... they may do so as an accommodation, but that is distinctly different than a Congressional mandate.
Another example is the Federal mandate with respect to health insurance. Congress can't. So Congress imposed a "tax" if you don't, which was cheaper than paying premiums after ObaminableCare drove the premiums through the roof!
If you noticed Trump deferred to the State's (Governors) with respect to a lot of the Covid19 "requirements" as opposed to ordering the Governors to do shit. All Trump said is if they don't do this he would do that....that's not ordering them to do shit.
As for seat belts .... my observation is that unless the officer just wants a reason to do a traffic stop the "seat belt" law is rarely enforced as a moving traffic matter ... an inquiry is made after a collision and reported on the collision report for stats and an officer might add the offense to a citation to "pour it on," but ..... it's not enforced that much by itself.