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State Preemption
In United States law, state preemption is the invalidation of some action by, or the wresting of power from, a portion of the state government (more often than not a municipality or other part of the state government that only exercises power within a certain geographical area such as a county) usually by the state legislature. Preemption is often used when there is a political disagreement between the state legislature and municipal governments. The largest division between the legislature and the local governments is typically partisan; most state legislatures have been, since 2010, dominated by Republicans, while city governments are typically dominated by Democrats. Types of preemption State preemption comes in many forms. A state that enacts a requirement but allows municipalities to pass more stringent laws is engaging in preemption; however, most controversial forms of state preemption are the opposite. Some preemption laws contain punishments for enforcing preempted laws ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress, treaties ratified by the Senate, regulations promulgated by the executive branch, and case law originating from the federal judiciary. The United States Code is the official compilation and codification of general and permanent federal statutory law. Federal law and treaties, so long as they are in accordance with the Constitution, preempt conflicting state and territorial laws in the 50 U.S. states and in the territories. However, the scope of federal preemption is limited because the scope of federal power is not universal. In the dual sovereign system of American federalism (actually tripartite because of the pres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Gillum
Andrew Demetric Gillum (born July 26, 1979) is an American former politician who served as the 126th mayor of Tallahassee from 2014 to 2018. He served as a Tallahassee city commissioner from 2003 until 2014, first elected at the age of 23. He is a member of the Democratic Party. In 2018, Gillum was the nominee of the Florida Democratic Party to be the governor of Florida. He had won the Democratic primary election over a field of five other candidates, including former U.S. representative Gwen Graham and former Miami Beach mayor Philip Levine. In the general election, he lost in a close race to Republican U.S. representative Ron DeSantis. Gillum's margin of defeat was just 34,000 votes (0.4%), making the election one of the closest gubernatorial races in modern American history. In 2022, Gillum was indicted on 21 felony counts, including wire fraud, conspiracy, and making false statements, for allegedly diverting money raised during the campaign to a company controlled by one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Publius (journal)
''Publius: The Journal of Federalism'' is a social science journal published by Oxford University Press for CSF: Publius, Inc., an affiliate of the Center for the Study of Federalism. The journal is international in scope and devoted to the theory and practice of federalism. It was founded in 1973 by Daniel Elazar. Its title is in honor of Alexander Hamilton, John Jay and James Madison, who used the pen-name "Publius" in 1787-1788 when they published the papers that became known as ''The Federalist''. The journal is sponsored by thFederalism and Intergovernmental Relations Sectionof the American Political Science Association and receives financial support from Florida State University. Abstracting and indexing It is covered by indexing and abstracting services including ''Social Sciences Citation Index'', ''Historical Abstracts'' and ''PAIS''. According to the ''Journal Citation Reports'', the journal has a 2017 impact factor The impact factor (IF) or journal impact factor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stanford Law Review
The ''Stanford Law Review'' (SLR) is a legal journal produced independently by Stanford Law School students. The journal was established in 1948 with future U.S. Secretary of State Warren Christopher as its first president. The review produces six issues yearly between January and June and regularly publishes short-form content on the ''Stanford Law Review Online''. Admissions The ''Stanford Law Review'' selects members based on a competitive exercise that tests candidates on their editing skills and legal writing ability. There is not a firm number of accepted candidates each year; recent classes of new editors have ranged from about 40 to 45. The candidate exercise is distributed to candidates late in their first year at the law school. Transfer students are also eligible for admission through the same process. Notable alumni The review's editorial board has a president, who is effectively the editor-in-chief of the publication. The current president is Daniel Khalessi. Notable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Paramountcy (Canada)
In Canadian constitutional law, the doctrine of paramountcy (french: prépondérance fédérale) establishes that where there is a conflict between valid provincial and federal laws, the federal law will prevail and the provincial law will be inoperative to the extent that it conflicts with the federal law. Unlike interjurisdictional immunity, which is concerned with the scope of the federal power, paramountcy deals with the way in which that power is exercised. The only exception to the doctrine is under section 94A of the ''Constitution Act, 1867'', which allows both the federal government and the provinces to make laws for old age pensions and supplementary benefits, but, to the extent of any conflict, the provincial law is paramount over the federal law. Nature of the doctrine Paramountcy is relevant where there is conflicting federal and provincial legislation. As Justice Major explained in ''Rothmans'': Claims in paramountcy may arise from two different forms of confl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Preemption
In the law of the United States, federal preemption is the invalidation of a U.S. state law that conflicts with federal law. Constitutional basis According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution, 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. As the Supreme Court stated in '' Altria Group v. Good'', 555 U.S. 70 (2008), a federal law that conflicts with a state law will overtake, or "preempt", that state law: Consistent with that command, we have long recognized that state laws that conflict with federal law are "without effect". '' Maryland v. Louisiana'', 451 U. S. 725, 746 (1981) Although many concurrent powers are subject t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Bill 142 (Session 2017 Of The North Carolina General Assembly)
House Bill 142 (HB 142) is a 2017 law that was enacted in the state of North Carolina that repealed House Bill 2. The bill states that all "state agencies, boards, offices, departments, institutions, branches of government, including The University of North Carolina and the North Carolina Community College System, and political subdivisions of the State, are preempted from regulation of access to multiple occupancy restrooms, showers, or changing facilities, except in accordance with an act of the General Assembly." It also enacted that no local government in this state may enact or amend an ordinance regulating private employment practices or regulating public accommodations until December 1, 2020. Passage On March 30, 2017, the North Carolina Senate passed HB 142, with 32 ayes, 16 noes, and 2 excused absents. That same day, the North Carolina House of Representatives passed HB 142, with 70 ayes, 48 noes, and 2 excused absents, which Governor Roy Cooper signed into law that very ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Facilities Privacy & Security Act
The Public Facilities Privacy & Security Act, commonly known as House Bill 2 or HB2, was a North Carolina statute passed in March 2016 and signed into law by Governor Pat McCrory. The bill amended state law to preempt any anti-discrimination ordinances passed by local communities and, controversially, compelled schools and state and local government facilities containing single-gender washrooms to only allow people of the corresponding sex as listed on their birth certificate to use them; it also gave the state exclusive rights to determine the minimum wage. The bathroom portion of the bill generated immense criticism for preventing transgender people who did not or could not alter their birth certificates from using the restroom consistent with their gender identity (at the time in North Carolina, only people who undergo sex reassignment surgery could change the sex on their birth certificates, and outside jurisdictions have different rules, some more restrictive), and for ch ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Intrastate Commerce Improvement Act
The Intrastate Commerce Improvement Act is a 2015 Arkansas act that prohibits, with exception to employees of a local government, any county, municipality, or other political subdivision of the state from adopting or enforcing an ordinance, resolution, rule, or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law. Background On August 20, 2014, the Fayetteville City Council passed an ordinance prohibiting discrimination on the basis of sexual orientation or gender identity in public and private employment, housing, and public accommodations. On December 9, 2014, Fayetteville voted 51.66% in favor of repealing the ordinance. Legislative history This bill was sponsored by state senator Bart Hester. On February 9, 2015, Arkansas State Senate passed, with 24 voting in favor, 8 voting against, and 2 not voting, SB 202. On February 13, 2015, the Arkansas House of Representatives passed, with a 58 in favor, 21 voting against, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Access To Intrastate Commerce Act
The Equal Access to Intrastate Commerce Act is a 2011 Tennessee act that amends the Tennessee Human Rights Act to define the term "sex" to mean an individual person as male or female as indicated on the individual's birth certificate and prohibits, with exception to employees of a local government, any local government in Tennessee from enacting ordinances, resolutions, or any other means impose on or make applicable to any person an anti-discrimination practice, standard, definition, or provision that is not covered by statewide anti-discrimination laws. Background In April 2011, the Council of Metropolitan Government of Nashville and Davidson County amended chapter 4.28 of the Metropolitan Code in response, according to the preamble of the amendment, adding sexual orientation and gender identity to the classes of persons protected by equal opportunity provisions applicable to government contractors. Legislative history On May 12, 2011, the state Tennessee State Senate voted 20-8 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1992 Colorado Amendment 2
Amendment 2 was a ballot measure approved by Colorado voters on November 3, 1992, simultaneously with the United States presidential election. The amendment prevented municipalities from enacting anti-discrimination laws protecting gay, lesbian, or bisexual people. The amendment's enactment prompted a widespread boycott. It was declared unconstitutional by the Supreme Court of the United States in ''Romer v. Evans'' (1996). Campaign Several major cities in Colorado enacted laws prohibiting anti-gay discrimination, including Aspen in 1977, Boulder in 1987, and Denver in 1991. Literature from Colorado for Family Values (CFV), a conservative group based in Colorado Springs, presented municipal anti-discrimination laws as the first steps towards a "national 'gay-rights' law." In March 1992, CFV submitted the required signatures for a ballot initiative. Their amendment would add the following passage to the state Constitution: The text of the amendment focuses on the issue of "sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pro Bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for people who are unable to afford them. is also used in the United Kingdom to describe the central motivation of large organizations, such as the National Health Service and various NGOs which exist "for the public good" rather than for shareholder profit, but it equally or even more applies to the private sector where professionals like lawyers and bankers offer their specialist skills for the benefit of the community or NGOs. Legal counsel Pro bono legal counsel may assist an individual or group on a legal case by filing government applications or petitions. A judge may occasionally determine that the loser should compensate a winning pro bono counsel. Philippines In late 1974, former Philippine Senator Jose W. Diokno was released from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
