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View Diary: Court to Vermont: "Drop Dead" (200 comments)

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  •  The answer to your question (7+ / 0-)
    I've pointed out why I asked my questions. Why is it okay in one venue  (labor law) for the State to mandate stricter standards than the Federal Government, but in this area it is not?

    is in the doctrine of federal preemption.  See a brief explanation here.

    Basically, Congress can pass laws that indicate an intent to be the final and only word on the subject -- an intent to preempt state law.  Congress does that where it determines that it is necessary to have single legal standard throughout the country.  Here's another discussion, with some examples.  

    •  Thank you, I'm getting it, very dangerous (0+ / 0-)

      proposition that can be used to strip us all of so many things.

      It occurred to me that congress could pass laws preempting every State law in existence.  Bush & Co could have said that the Federal Minimum wage laws were now superior to any and all State requirements.

      I shutter at the prospect of this idea and the potential for abuse and tyranny.

      -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

      by gerrilea on Tue Jan 24, 2012 at 09:03:37 AM PST

      [ Parent ]

      •  You, perhaps unintentionally, sound a bit like (4+ / 0-)

        Ron Paul, who decries federal power at the expense of state authority, for precisely that reason -- the potential for abuse and tyranny.

        "I shudder at the prospect of this idea [federal preemption of state authority and power] and the potential for abuse and tyranny."

        •  ROFL, maybe I do, but it's not intentional (0+ / 0-)

          just a bit of reality checking and self awareness.

          I don't decry federal authority but we have to understand that the best laid plans of mice and men DO go awry. And the road to hell is paved with good intentions.

          ;)

          In all seriousness, I label myself as a Progressive Libertarian.  My definition: Make the words and ideals of the Declaration of Independence apply to everyone in this country. No special classes, no exemptions if you are a member of Congress or a corporation, no waivers from equality and justice.  All must be equal to and accountable under the law. If the second document we created (our current constitution) is deficient, amend it through Article V.

          -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

          by gerrilea on Tue Jan 24, 2012 at 09:37:39 AM PST

          [ Parent ]

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