1.In general, what does the Supreme romance consider when faced with the constitutionality of submit make upeousness?
a.The Supremacy article clearly states that the Constitution is the supreme right of the land, making any law that is not based on the Constitution to be unconstitutional and then void. The Supreme Court deems if the federal law preempts the state laws and if it violates the Dormant Commerce article. Although in some cases it is closely impossible for two a state law and federal law to conform. This is known as the conflict pre-emption.
2.Define the hurt express pre-emption, field preemption and conflict preemption.
a.Express preemption refers to when a federal law contain provisions which supply the federal law to override any state or local law. This is sometimes difficult to determine or kick in because it is difficult to conclude what the intent truly is.
b.Field preemption refers to when Congress deems a state law to be unconstitutional and reenacts federal legislation since the federal law was to extensive therefore leaving no room for the state law.
c.Conflict preemption is used in situation in which both state and federal laws are in conflict and the compliance of both laws in nearly impossible. The text supplies us with an example, the Gibbons v.
Ogden case in 1824 in which the Supreme Court overruled a New York law that conflicted with a federal law regarding navigation.
3.What is the Dormant Commerce Clause?
a.The Dormant Commerce Clause gives Congress the power to enact laws in regards to interstate commerce. This is merely a restriction that prohibits states from travel legislation that affect interstate commerce. Although the dormant commerce clause is not a prohibition it is merely a terminus ad quem set by Congress. Any state law make to be exceeding the given limit, will be held unconstitutional by the courts
4.How does the Interstate Commerce Clause limit the right of the states to enact laws?
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