Essay on national supremacy words

Submitted By 9988776655443311
Words: 541
Pages: 3

Cheat Sheet
McCulloch v Maryland –Maryland tried to tax a federal bank(states have right to tax in constitution). Conclusion Federal rights surpass State rights.
Supremacy clause- Constitution is ultimate law then Federal laws over state laws
Commerce clause - federal government has the authority to make laws that pertain to international and interstate trade
11th amendment – cannot sue a state in federal court.
Police powers – ability of states to regulate behavior in their territory.
Alden v maine - he State of Maine (Respondent) violated overtime provisions of the federal Fair Labor Standards Act The Supreme Court rules that to allow Congress to bring a non-consenting state into state court when it could not do so in federal court would make hollow the doctrine of sovereign immunity.
NY v US federal statute required states to either provide for radioactive waste disposal or take title to waste made within the state’s borders. New York claims the statute is an impermissible violation of state sovereignty. The Tenth Amendment of the Constitution is violated when Congress directs states to regulate in a particular field and in a particular way. The Constitution does not authorize Congress to commandeer the state legislative process by compelling states to enact and enforce a federal regulatory program.
Seminal Tribe V Florida- Congress made clear in the Indian Gaming Regulatory Act that it intended to abrogate States’ sovereign immunity. However, it lacks the ability to do so under its Article I powers.
Section 5 of the Fourteenth Amendment is the only authority Congress has to authorize a private suit against a state. Petitioners brought suit under the Indian Gaming Regulatory Act, which authorizes suits against state governments to enforce good faith negotiations with tribes attempting to allow gambling on reservations.
Barron v Baltimore - John Barron worked in harbor of Baltimore. large amounts of sand came in the harbor, depriving Barron of the deep waters which had been the key to his business. He sued the city to recover a portion of his financial losses. Does the Fifth Amendment deny the states as well as the national government the right to take private property for public use without justly compensating…