Author Question: Reasons Why You should disagree with this statement.? (Read 1527 times)

penguins · **on:** Jul 16, 2013

My Contemporary Issues class wrote a statement on the board :"State lawmakers have the right to make laws that are in the best interest of their citizens even if those laws violate the laws of the U.S. Constitution"
AGREE OR DISAGREE
My homework is to find 5 reason's why i disagree with the satement.
I have 2.
1. If this were an active statement a state would be able to take away our 1st Amendment-Freedom of Speech, religion, and expression. By living in that sate you would no longer have that right if the above statement were true.

2. If the states could make laws that violate or oppose the U.S. Constitution then that would violate the 14th Amendment which states that all men are to be treated equally and have the same opportunities.

Please help me and give me 3 more.

Melanie · **Reply #1 on:** Jul 16, 2013

im not sure about the US constitution, but perhaps there is something within itself that any inconsistencies between the constitution and state laws, the consti prevails? afterall consti is meant to be the supreme law of the nation

Jesse_J · **Reply #2 on:** Jul 16, 2013

You're missing the big answer that has to do with the Constitution being the basis of the American legal system.

j_sun · **Reply #3 on:** Jul 16, 2013

Article VI of the U.S. Constitution

...

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;...

Hawke · **Reply #4 on:** Jul 16, 2013

1) State lawmakers CAN make any law -- because technically, it isn't unconstitutional until it's been contested in the state supreme court, and then taken to the U.S. Supreme Court. (agree).

2) The state lawmakers have a duty and obligation to uphold not only the State's constitution, but the U.S. Constitution. The supremacy clause of the U.S. Constitution would essentially render the laws unconstitutional, if contested. (disagree).

3) State lawmakers are elected by the citizens of their state, and their obligation is to those citizens, not to the country, as a whole -- it is their duty to fit within the social constructs established by their constituents. (agree).

4) State laws should be similar from state to state, to a certain degree, to allow for application of the full faith and credit clause, as guaranteed in the U.S. Constitution. If there is no similarity, or a lack of continuity, per se -- then it could render the full faith and credit clause inapplicable. (disagree).