The Supremacy Clause Conflict Between Federal And State Law

Term Paper LU2 Christina Wood The Supremacy Clause: Conflict between Federal and State Law as it relates to Medical Marijuana The American Constitution provides for a division of government powers between the federal and state governments, as well as provides solutions in an event of conflict between these two governments. The Supremacy Clause is derived through Constitutional Law and determines that the Constitution, Federal statutes, and United States treaties contain the â€Å"supreme law of the land†, creating the framework for the highest areas of law within the American legal system. Article VI, Section 2 of the United States Constitution contains The Supremacy Clause. â€Å"This Constitution, and the Laws of the United States†¦show more content†¦Another limitation set forth in the Constitution is that of anti-commandeering. Even though federal governments can enact law they cannot use the states as instruments of federal governance. Often overlooked, this argument used in appropriate cases to limit the Supremacy Clause, is found in the Constitution’s Tenth Amendment, â €Å"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. â€Å"The anti-commandeering principle applied to the issue of medical marijuana raises the question of protecting states’ prerogative to legalize activity that Congress bans. In a case where Congress legalizes an activity that the states have banned the issue of conflict need not arise because the individual’s choice remains whether to engage in said activity or not. In the instance of Congress banning an activity legalized by the states, conflict emerges with unclear boundaries. In 1970 Congress passed the Controlled Substances Act (CSA) to regulate the possession, manufacture, and distribution of drugs. This statute includes marijuana. Drugs are determined by their potential for abuse, medical value, and physical / psychological effects on the body. Marijuana is considered a Schedule I which is the cl ass or drugs most restricted, making the manufacture, distribution, andShow MoreRelatedThe Supremacy Clause Is The Clause That Establishes The Federal Government s Authority Over State Governments1521 Words   |  7 Pages Supremacy Clause Matthew Newkirk Constitutional Law Mr. Timothy Allmond Wiregrass Georgia Technical College November 19, 2015 â€Æ' Abstract The Supremacy Clause is the clause that establishes the federal government’s authority over state governments. The Supremacy Clause is found in the U.S. Constitution in Clause Two of Article Six. This Clause upholds the United States Constitution, federal statutes, and treaties as the supreme law of the land. Federal law’s supremacy applies only if CongressRead MoreFoundation of the American Legal System Essay example751 Words   |  4 Pagessystem. 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The United States seeks to declare S.B. 1070 as preempted by the federal immigration law, where the

A Nation At Risk By President Ronald Reagan - 843 Words

Since prior to the 1980’s, the American education system has rapidly declined in all areas. The article, â€Å"A Nation at Risk,† written by President Ronald Reagan, depicts the many issues in the U.S. school systems regarding the content, standard and expectations, time, teaching, and leadership and fiscal support. This piece, apparently, has led the country into an extreme educational reform to improve all aspects of our school system. Based on my experiences in high school, student test scores, and current school conditions, I believe that while all issues raised by the commission in the report are not necessarily a problem anymore, issues with student growth. First and foremost, I believe evaluation of student growth is the biggest issue in the educational system. Test scores do not provide the most accurate depiction of where today’s students stand in terms of content knowledge. For example, I went to Shea High School in Pawtucket Rhode Island, an incredibly diverse school, â€Å"with over 52 countries represented and over 25 languages spoken,† (www.pawtucket.shea.schooldesk.net/). With that in mind, not all students speak English, and a large majority know English as a second language. Regardless, however, all students are required to take standardized tests in English, which negatively impact the school’s test scores greatly. Another major issue that is addressed in the article is with the teachers and their teaching styles. The method in which most teachers teach theirShow MoreRelatedThe New Right By Ronald Reagan974 Words   |  4 Pagesfrom supporting Barry Goldwater to Ronald Reagan, because of this not only were right-wing Americans able to develop a conservative movement in the United states, but also allowed for Reagan be elected president in the 1980s. Ronald Reagan became a New Right hero. 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Pit-Bull Case Free Essays

Legislation over the long-standing debate regarding the safety of housing Pit Bulls continues between pro Pit-Bull advocates and those fearing for their safety throughout Canada. Today, the issue of housing large, potentially dangerous dogs in the city has reached pivotal concern. A course of action is necessary. We will write a custom essay sample on Pit-Bull Case or any similar topic only for you Order Now The level of concern surrounding Pit Bulls is greater than the concern over other dangerous domesticated dogs. There are, however, people who enjoy having Pit Bulls as pets. Pit Bull owners constitute a smaller percentage of people in comparison to those with concern over a Pit Bull’s safety. It comes down to pure fear over these life-threatening dogs. Yes, the anti-Pit Bull contingency has a voice, and with justifiable concern. Evaluation is in order regarding the pros and cons surrounding this issue. This position paper will clearly show that all breeds of Pit Bulls should not be housed in cities throughout Canada. There are many breeds of Pit Bulls—all of which can be threatening. The various breeds of other dangerous domesticated dogs are even larger. Lawyer Clayton Ruby argues the legislation. He sites the following: since 1983 there were 23 dog attacks in Canada that led to fatality. Of these 23 attacks, only one involved a Pit Bull. Thus, according to Mr. Ruby, legislation needs to be written governing all dangerous dogs, and not just Pit Bulls. The slant here, however, will be focused on developing legislation that will make it illegal to own a Pit Bull if you reside in a major city in Canada’s surrounding Provinces. First, we must consider the levels of all dog aggression in comparison to Pit Bulls’ aggression. The least dangerous level is called the submissive level. It includes dogs that display very little signs of aggression. Dogs of this nature tend to roll over when challenged and they will not respond with aggression. No Pit-Bull, regardless of breed, meets these criteria. The next level of dog aggression is known as the generic level. This level of dog aggression only demonstrates hostility if another angered dog approaches it. At this level, if attacked, a generic dog will respond with just enough tenacity to repel the instigating dog from its assault. Again, there isn’t a single Pit Bull that is calm enough to match this non-threatening level. The next level of aggression meets the characteristics of a Pit Bull Terrier. This Pit Bull, labeled a happy-normal-Pit-Bull-Terrier, is a dog that only displays aggression when challenged. This dog will respond aggressively. The only way to separate an aggressive Pit Bull Terrier is by using a ‘break-stick’ level of restraint. These restraining traits must be learned from trained specialists. Here in lies our first red flag. If even the most receptive breed of Pit Bull has a tendency for hostility, it is not feasible to consider Pit Bulls as an environmentally-safe pet, especially in the confines of a city. Pit Bulls at their most obedient level will always attempt to make friends with new dogs. This unreserved level of sociability in a Pit Bull can be the catalyst that leads to aggressiveness and fighting, or even death. When we add a Pit Bull that lives in a crowded city, the situation becomes grave and the opportunity for an unfortunate incident increases. It’s important to point out that even the friendliest Pit Bull will not tolerate aggressive behavior. If, for example, a Pit Bull is led through a small city park where people take dogs and children to play, there is a greater chance for altercation. Even if leash-restrained Pit Bulls are led through a city, the opportunity for an unfortunate encounter, on any given sidewalk might occur. Dogs, by nature, tend to gravitate toward one another. This curious sniffing can lead to danger if a Pit Bull is involved. The next level of Pit Bill is known as the average Pit Bull. These dogs will exhibit aggression toward strange dogs of the same sex while acting cautious around dogs of the opposite sex. If an average Pit Bull is challenged, they will counter with aggression. Physical intervention is necessary to separate a fight. Lastly, we come to the dog-aggressive-Pit-Bull. Pits at this level can live with other dogs but will attack any strange dogs (strange refers to any dog unfamiliar to a Pit Bull). Again, the only means of alleviating aggressive encounters between dogs at this level of aggression is by physical intervention. The fights can be very serious. There are a large number of variables that can occur to a Pit Bull in a city that would lead to aggression. Sometimes it only takes curiosity from neighboring dogs or young children to initiate a Pit Bull’s innate sense for violent tendencies. Legislation that does not allow city-dwellers to own a Pit Bull needs to pass. So many people live together in tight quarters in Canadian cities. This makes it an unsafe region for Pit Bulls. This legislation must come to action before another person or animal is maimed or killed by these instinctively dangerous dogs. How to cite Pit-Bull Case, Papers

Can Hot tea really cool you down Essay Example For Students

Can Hot tea really cool you down Essay Is it true or just an old wives tale?Its a tale weve all heard, usually in the form of a helpful suggestion from a friend. Whenever you mention that youre hot, someone will point out that (believe it or not!) you can cool off by drinking hot tea. The logic behind this claim, is that the hot tea makes you sweat and that helps cool you off. Makes perfect sense, doesnt it? Funny how no one ever suggests that turning up the heat in your house would actually make you cooler. But many people cant help think that it still makes sense in some way. Well, Im going to explain to everyone why it doesnt work. Since I am not a physicist in any sense, the scientific details have been simplified. In a nutshell:The problem in the logic lies with the laws of thermodynamics. The amount of heat lost by sweating and evaporation will never exceed the amount of heat gained by the hot drink youve consumed. Sponsored LinksCocktail IdeasOver 3000 cocktail recipes to put a little spirit into your party!www.tha tsthespirit.comCocktail suggestionsTry these great cocktails pomegreat is the new cranberrywww.pomegreat.comDrink Mixer Pro softwareContains over 1400 cocktail recipes Ideal for bartenders. Free trialwww.bluesquad.co.ukAnother problem is that the extra heat makes your blood vessels near the skin dilate to help cool your blood faster. The nerves in your skin can sense this, causing you to feel flushed and warm. Not exactly the result you are looking for. The overall answer, is that hot tea will make you sweat more, and increase your cooling. But the amount of extra cooling wont be enough to offset the heating-up from the tea. So next time someone points out that you should drink hot tea in the summer, dont rush to put the kettle on. Grab a tall glass of iced tea, an iced coffee or lemonade instead.