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WDIM

(1,662 posts)
5. Federal law is supreme but limited to the powers in the Constitution.
Thu Mar 5, 2015, 11:19 AM
Mar 2015

The Constitution gives each branch of gov its powers and what they are allowed to do.

Just because the Federal Government passes a law it does not make it a supreme law. Lets say the federal gov passed a law saying all red head people should be locked up. That is beyond the powers expressed in the constitution the states could sue as the law is unconstitutional and the supreme court can strike it down.

Supremacy clause is meant that if the fed has one law and the state has a conflicting law the fed law overrides the state law. But that is only if the fed law is constitutional.

Edit. I wanted to add i do think the aca is constitutional and the power comes from commerce clause health insurance is commerce among the several states.

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