National Supremacy Definition in the Constitution

National supremacy is a term used to describe the U.S. Constitutions authority over laws created by the states that may be at odds with the  goals held by the nations  founders when they were creating the new government in 1787. Under the Constitution, federal law is the supreme law of the land. Wording National supremacy is spelled out in the Constitutions Supremacy Clause, which states: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Supreme Court Chief Justice John Marshall wrote in 1819 that the States have no power, by taxation or otherwise, to retard, impede, burden, or in any manner control, the operations of the constitutional laws enacted by Congress to carry into execution the powers vested in the general government. This is, we think, the unavoidable consequence of that supremacy which the Constitution has declared. The Supremacy Clause makes it clear that the Constitution and laws created by Congress take precedence over conflicting laws passed by the 50 state legislatures. This principle is so familiar that we often take it for granted, wrote Caleb Nelson, a law professor at the University of Virginia, and Kermit Roosevelt, a law professor at the University of Pennsylvania. But it wasnt always taken for granted.  The notion that federal law should be the law of the land was a controversial one or, as  Alexander Hamilton  wrote, the source of much virulent invective and petulant declamation against the proposed Constitution. Provisions and Limits The disparities between some state laws with federal law are what, in part, prompted the Constitutional Convention in Philadelphia in 1787. But the authority granted to the federal government in the Supremacy Clause does not mean Congress can necessarily impose its will on states. National supremacy deals with resolving a conflict between the federal and state governments once federal power has been validly exercised, according to the Heritage Foundation. Controversy James Madison, writing in 1788, described the Supremacy Clause as a necessary part of the Constitution. To leave it out of the document, he said, would have eventually led to chaos among the states and between the state and federal governments, or as he put it, a monster, in which the head was under the direction of the members.   Wrote Madison: As the constitutions of the States differ much from each other, it might happen that a treaty or national law, of great and equal importance to the States, would interfere with some and not with other constitutions, and would consequently be valid in some of the States, at the same time that it would have no effect in others. In fine, the world would have seen, for the first time, a system of government founded on an inversion of the fundamental principles of all government; it would have seen the authority of the whole society every where subordinate to the authority of the parts; it would have seen a monster, in which the head was under the direction of the members. There have been disputes, however, over the Supreme Courts interpretation of those laws of the land. While the high court has held that states are bound by its decisions and must enforce them, critics of such judicial authority have tried to undermine its interpretations. Social  conservatives who are opposed to gay marriage, for example,  have called on states to ignore  a Supreme Court ruling striking  down state bans  on same-sex couples from tying the knot. Ben Carson, a Republican presidential hopeful in  2016, suggested those states could ignore a ruling from the judicial branch of the federal government, saying: If the legislative branch creates a law or changes a law, the executive branch has a responsibly to carry it out. It doesn’t say they have the responsibility to carry  out a judicial law. And that’s something we need to talk about.† Carsons suggestion is not without precedent. Former Attorney General Edwin Meese, who served under Republican President Ronald Reagan, raised questions about whether the Supreme Courts interpretations carry the same weight as legislation and the constitutional law of the land. However the court may interpret the provisions of the Constitution, it is still the Constitution which is the law, not the decisions of the Court, Meese said, quoting constitutional historian  Charles Warren. Meese agreed that a decision from the nations highest court binds the parties in the case and also the executive branch for whatever enforcement is necessary, but he added that such a decision does not establish a supreme law of the land that is binding on all persons and parts of government, henceforth and forevermore.   State Laws vs. Federal Law Several high-profile cases have resulted in states clashing with the federal law of the land. Among the most recent disputes is the Patient Protection and Affordable Care Act of 2010, the landmark healthcare overhaul and signature legislative accomplishment of President Barack Obama. More than two dozen states have spent millions of dollars in taxpayer money challenging the law and trying to block the federal government from enforcing it. In one of their biggest victories over  the federal law of the land, the states were  given the authority by a 2012 Supreme Court decision to  decide whether they should expand Medicaid. The ruling left the ACA’s Medicaid expansion intact in the law, but the practical effect of the Court’s decision makes the Medicaid expansion optional for states, wrote the Kaiser Family Foundation. Also, some states openly defied court rulings in the 1950s  declaring  racial segregation in public schools unconstitutional and a  denial of equal protection of the laws. The Supreme Courts 1954 ruling invalidated laws in 17 states that required  segregation. States also challenged the federal Fugitive Slave Act of 1850.

Eolic Energy in Australia - 869 Words

Wind energy is one of the most commercially reliable and cost-effective renewable energy (RE) resources available worldwide and its utilization in Australia is undoubtedly an advantageous prospect. Initially, the generation of wind energy is produced through the motion of air from high pressure to low pressure, as this progression is a direct consequence of the solar heating of various parts of the Earths atmosphere and its planetary motion, thus resulting in the air being deflected to the right in the northern hemisphere and in the opposite direction in the southern hemisphere (Duffie and William, 2013). It is generally observed that wind power generation is the best suited source for Australias future as it is clean, low-cost (in†¦show more content†¦The final statistical results displayed that the maximum wind speeds were observed at Tasmanias Macquarie Island weather station (10.2 m/s) and its approximate electricity price ranged from AUD$0.25/kWh to AUD$0.4/kWh whilst, the energy production in Northern Territory proved to be of no possibility in both economics and environment as its energy production made no contribution at all (except for the grid) (GM Shafiullah et al, 2011). Therefore, as Tasmania ranked the highest in all relevant areas, it is concluded this state is the most suitable location for the construction of generation of wind energy (GM Shafiullah et al, 2011). Just as there are positive benefits from utilizing this renewable source, there are also some key disadvantages associated with wind energy generation which should be considered. Firstly, the effect of visual impacts depends not only upon the outward appearance of the turbines, but also the individuals personal attitudes to their presence (G.M Shafiullah, 2012). Similarly, a study conducted by Gourlay (2008) showed that the majority of the UK population (approximately 70%) had displayed a positive outlook

Democracy in Pakistan-a Dilemma Free Essays

Against the backdrop of recent surge in political temperature, speakers at a roundtable discussion forum stress the need for continuation of democratic process despite of all the current challenges faced by it. In a roundtable discussion forum â€Å"Political Expediency and the Future of Democracy in Pakistan† organized by the Center for Research and Security Studies (CRSS), at its office premises in Islamabad, issues and challenges related to current democratic governance and prospects of a democratic Pakistan were discussed in detail. Mr. We will write a custom essay sample on Democracy in Pakistan-a Dilemma or any similar topic only for you Order Now Ahmed Bilal Mahoob, executive director, Pakistan Institute of Legislative Development and Transparency(PILDAT) opened the discussion with an overly optimistic note and observed: â€Å"Democracy in Pakistan has never been as good as it is today. † He noted that it is the first time in history of Pakistan that three state pillars, those are Executive, Judiciary and the Legislature are carving out their respective ways out of this challenging political environment and it is a good omen for young democracy. In the past, judiciary was under the influence of executives, but now it is independent and assertive. Related essay: Pillars of Democracy in Tanzania Parliament in a democracy is always considered a vital state pillar, but again it tried to overpower the other state organs. Against this backdrop, during the era of current democratic government, the growth of all state organs is continuous and stable. Likewise, during current democratic rule, for the first time, Senate was chaired by an opposition representative. Then if we look towards media, we have a robust and independent media, which explicitly does not seem under the influence of government. Coming to the democratic governance, Mr. Mahboob asserted the notion that there is widespread political discontentment and disillusionment among the masses. And ironically, the people have directed all their criticism and scathing towards federal government and spared the provincial governments altogether, whereas under the 18th amendment, most of the ministries have been devolved to the provinces. Therefore when we disparage the federal government, we should also vent some anger on provincial governments as well. Discussing the recent upsurge in political temperature, Mr. Mahboob stated â€Å"As we are nearing to the close up of this government, therefore, all political parties want to gear up the political momentum in order to gain mileage out of it in coming elections. He further continued by saying that â€Å"Almost all opinion surveys and polls in recent months suggest that the people are fed up by the present government— and want a change, so this upsurge is not abnormal and nothing is worrisome in it†. He narrated that when we talk about the freedom of expression, we generally take a pride after looking at the countries, which enjoyed sustained periods of democracy. And this is something that we should cherish, despite of all short comings. He termed the â€Å"Imran Khan phenomenon† as a harbinger of positive change in the political arena of Pakistan. PPP leader and former federal minister, Syeda Abida Hussain said that since inception Pakistanis wished for democratic rule in the country, and it is because, â€Å"Pakistan born out of vote†. But, she lamented that we have been scathing under long dictatorial rules for better part of our political history and there are reasons for it. She observed that though we as a nation may have developed liking for democratic rule, but ironically we lack political temperament. Mrs. Hussain said that the voices for change are getting louder and louder with the passage of time. She acknowledged that there is rampant corruption in the country and no state department is free of it. â€Å"State institutions should be established on the basis of equality, charter of democracy should be written by all the parties struggling for rule of law in the country†, she suggested. Every one of us talks about poor governance but nobody did anything† she lamented. She reiterated that we have to make the system more responsive through sustained efforts for efficient democratic governance. Meanwhile, if we resorted for premature political solutions at this stage, then the future of democracy in Pakistan will be dark once again. She warned that the covert apparatus is once again out with its ulterior motives and the political parties will have understand its maneuvering for the benefit of democratic et up in the country. Former lawmaker from Swat, Mr. Adnan Aurangzeb said that in Pakistan â€Å"—the gap between political representatives and the represented is widening relentlessly† and this is not healthy sign for the future of democracy in the country. He underlined that there are structural problems, which are not letting the democratic culture take hold in Pakistan. He said that unfortunately, the legislators in Pakistan are not well connected with their constituencies, and therefore the people feel marginalized. According to him, there lies huge social, cultural, economic and political void between the rulers and the ruled. And this pertinent factor will continue to haunt the dream of a peaceful and prosperous democratic Pakistan. Participants in the roundtable discussion forum were of the view that there is need for a responsive democratic governance structure and without accountability the dividends of democracy will not trickle down the masses. And in consequence, the ubiquitous discontent will eventually lead towards the folding of the political system. How to cite Democracy in Pakistan-a Dilemma, Essay examples

Introduction To Animal Rights Essay Example For Students

Introduction To Animal Rights Essay At the University of Oregon, Barbara Gorden-Lickey, Ph. D., sewed kittens eyes shut and forced them to jump from a height onto a platform surrounded by water so she could study the effects of sight deprivation on the brain. Cruel and inhumane experiments like this one is an excellent reason why people should recognize the importance of animal right activist groups such as PETA (People of the Ethical Treatment of Animals). Founded in 1980 by Ingrid E. Newkirk and Alex Pacheco, PETA is the largest group in the world with 600,000 plus members. PETAs effort to delete animal abuse in factory farms, laboratories, fur trade, and entertainment through education, investigations, research, animal rescues, legislation, social events, celebrity involvement, and direct action is because of the alarming amount of animals (seventy million) in which are experimented on by private institutions, house hold product companies, cosmetic companies, government agencies, education institutions, and scientif ic centers. PETAs intense thoughts towards stopping animal abuse were stated in one protestors sign, Imagine having your body left to science while youre still in it. A lack of recognition and support for such groups causes innocent animals, with feelings as strong as humans, unnecessary pain and psychological stress. Similar to the process that an airports customs goes through to protect innocent country folk from terrorism, drug trafficking, and infectious products, groups such as PETA are trying to protect the innocent animals who are merely trying to survive in a hectic and sometimes cruel world that humans seem to believe they run. Without help from these organized groups (custom or animal rights groups) the outcome of the acts performed by any individual could weigh heavenly on everyone. Supporting PETA and other animal rights organizations to help stop cruelty to animals in laboratories fur trade, and entertainment will improve the quality of life for, and saves the lives of , thousands of innocent animals. Seventy million animals are maimed, blinded, scalded, force-fed chemicals, genetically manipulated, and other wise hurt and killed in the name of science. The majority of these cruel acts take place in research laboratories around the world, but with the help of PETAs efforts many experiments done in labs have been stopped. In one case, PETAs undercover investigation of Boys Town National Research Hospitals experiments, in which kittens heads were cut into and cats were starved in order to study deafness, spurred the National Institutes of Health to issue a report condemning Boys Towns animal care and use program. The USDA found that Boys Town failed to comply with the Animal Welfare Act. PETA also discovered that only twenty-three out of fifty-four dogs slated for cancer experiments at the City of Hope, a federally funded laboratory, survived long enough for the actual experiment to begin. The rest died of infections, poisoning, anesthesia overdose, and other causes linked to gross negligence, inadequate veterinary care, and improper housing. Such abuse acts on animals are inhumane and absolutely unnecessary. With PETAs protection, animals can live freely without being subjected to researchers invasive and hostile terrorists like acts. We will write a custom essay on Introduction To Animal Rights specifically for you for only $16.38 $13.9/page Order now Laboratory experiments are not the only place where unethical treatment of animals takes place. In the business of fur trading many animals are tormented and killed ruthlessly. In one of PETAs precedent-setting cases, a California furrier was charged with cruelty after a PETA investigator filmed him electrocuting chinchillas by clipping wires to the animals genitals. The American Veterinary Medical Association denounced the killing method saying, it causes animals to experience a heart attack while fully conscious. In another undercover expose, PETA videotaped a fur rancher injecting minks with weed killer causing them to have violent seizures and finally dying in agony. Both farms were forced to end the cruel killing methods.The forcing of animal to give up their fur for the pleasure of wear resembles drug pushers who strip young childrens innocent minds of the morals and right and wrongs that they were taught or given by their parents. These drug dealers like furriers forcefully t ake what does not belong to them (innocent minds or fur) to fulfill their desires. With the help of customs, who help keep drugs form entering the country and PETA who help stop fur traders cruel killing methods, people and animals have one less of the multitude of problems to deal with. Although the problem of animal abuse seems to be only involved in situations where some sort of pain or death will inevitably be inflicted, such as laboratories or fur farms, animal abuse often times occurs in home and in training schools. In such cases, PETA has investigated and ha produced great success in helping stop the abuse. For instance, PETA distributed an undercover video showing Las Vegas entertainer Bobby Berosini beating orangutans with a metal rod. The U.S. Department of the Interior revoked Berosinis captive-bred wildlife permit, making it illegal for Berosini to buy or sell orangutans. In another case, PETAs undercover investigation of a Florida exotic animal training school revealed big cats being beaten with ax handles, spurring the USDA to develop new regulations governing animal training methods. Thanks to PETAs accomplishments of having animal training methods regulated, pet owners can be sure that their beloved animals receive the respect, kindness, and caring they deserve. .u063ed47e0dec92bcfc7c3c054eb94c6a , .u063ed47e0dec92bcfc7c3c054eb94c6a .postImageUrl , .u063ed47e0dec92bcfc7c3c054eb94c6a .centered-text-area { min-height: 80px; position: relative; } .u063ed47e0dec92bcfc7c3c054eb94c6a , .u063ed47e0dec92bcfc7c3c054eb94c6a:hover , .u063ed47e0dec92bcfc7c3c054eb94c6a:visited , .u063ed47e0dec92bcfc7c3c054eb94c6a:active { border:0!important; } .u063ed47e0dec92bcfc7c3c054eb94c6a .clearfix:after { content: ""; display: table; clear: both; } .u063ed47e0dec92bcfc7c3c054eb94c6a { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u063ed47e0dec92bcfc7c3c054eb94c6a:active , .u063ed47e0dec92bcfc7c3c054eb94c6a:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u063ed47e0dec92bcfc7c3c054eb94c6a .centered-text-area { width: 100%; position: relative ; } .u063ed47e0dec92bcfc7c3c054eb94c6a .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u063ed47e0dec92bcfc7c3c054eb94c6a .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u063ed47e0dec92bcfc7c3c054eb94c6a .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u063ed47e0dec92bcfc7c3c054eb94c6a:hover .ctaButton { background-color: #34495E!important; } .u063ed47e0dec92bcfc7c3c054eb94c6a .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u063ed47e0dec92bcfc7c3c054eb94c6a .u063ed47e0dec92bcfc7c3c054eb94c6a-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u063ed47e0dec92bcfc7c3c054eb94c6a:after { content: ""; display: block; clear: both; } READ: Greek Mythology (1019 words) EssayOrganizations, such as PETA, need all the support they can get. If people would recognize the horrible and indecent act performed on our fellow earthlings maybe they would begin to realize the importance of supporting animal rights groups. Many groups are non-profit organizations, and would appreciate any information, contributions, or other forms of support. For example, supporting products that do not test on animals, not wearing/using animal made products, or providing animals with the respect they deserve can help reduce the amount of animals unfairly treated. PETA has brought a lot of positive changes to the way animals are treated. T hese positive changes have allowed the animals a chance to live a less stressful and mistreated life. A type Social Issues