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As of February 2010, legislators in Utah have introduced legislation to allow the use of eminent domain on federal land. Rep. Christopher Herrod has introduced the bill in a state where the federal government controls over 60% of the land. The effort has the full support of Republican Attorney General Mark Shurtleff, who would have to defend ...
The Constitution does not contain any clause expressly providing that the states have the power to declare federal laws unconstitutional. Supporters of nullification have argued that the states' power of nullification is inherent in the nature of the federal system. They have argued that before the Constitution was ratified, the states essentially were separate nation
The most likely response by a court if the administration were to defy its edict would be to hold the agency acting in defiance of an order or ruling in civil contempt, which would allow a judge ...
National Foreign Trade Council, 530 U.S. 363 (2000), that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives". [30]
On Saturday, a federal judge in New York blocked individuals associated with Elon Musk's Department of Government Efficiency (DOGE) from accessing what effectively serves as the government's ...
The distinction suggests, according to legal experts, that Congress has final authority to shut down the agency or to allow it to be folded into the State Department, as Secretary of State Marco ...
Even without a conflict between federal and state law or an express provision for preemption, the courts will infer an intention to preempt state law if the federal regulatory scheme is so pervasive as to "occupy the field" in that area of the law, i.e. to warrant an inference that Congress did not intend the states to supplement it. Gade v.
Environmental law experts warn the resolution would spur a legal battle for the state — and possibly EPA intervention.