Preemption: In United States, Federal law is the supreme law with highest authority. When there is a conflict between the Federal law and state law, the Federal law is said to preempt – win over – state law thereby displacing the effect of the state law.
That’s known as premption..
U.S. Constitution: Article 1, Sec 8: To establish a uniform rule of naturalization, (A power of Congress to create and make the “immigration” laws.
Article 2, Sec 1: Before he enter on the execution of his office, he shall take the following oath or affirmation:–”I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” (the responsibility of the President to follow and “enforce” the laws as established).
Article 6: 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, anything in the Constitution or laws of any State to the contrary notwithstanding.
Article 4, Sec 4: The United States shall guarantee to every state in this union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened) against domestic violence.
Thank God for Checks and Balances!
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News Herald – HIGHLANDS, N.C.
A telling story is unfolding in the Senate race in South Carolina. This one might take the cake, even in a state affectionately known as “The Jerry Springer Show” of politics.
Half-wit Alvin Greene, who ran for the Democratic Senate nomination to challenge sitting (which is about all they do) Sen. Jim “Never Needs Scope” DeMint, R-S.C., won in a landslide.
This is the most embarrassing thing to happen in Palmetto State politics in, well, weeks.
Clearly, South Carolina voters do not pay much attention to politics. Politicians know that as long as they do not tinker with the state’s age of consent laws, residents do not get up in arms.
Greene is a semi-literate, unemployed, questionably discharged military man who lives in his parents’ basement. He never campaigned, never gave speeches and had neither a campaign Web site nor even yard signs. Sounds like senatorial timber to me!
He was thrown out of the military in what he calls an “involuntary” discharge. If our political leaders are known for anything, it is their involuntary discharges.
If you have not seen Alvin on TV, just imagine Forrest Gump’s buddy Benjamin Buford “Bubba” Blue, for whom Forrest named his shrimp company after Bubba recited all the culinary variations of shrimp.
Alvin showed early senatorial ambitions when he incurred a felony charge by showing porn on his cell phone to a college girl. That may be a felony in South Carolina, but it’s also the primary reason the iPhone is selling so well in the rest of the country.
We all remember when Republican Gov. Mark Sanford got in trouble for his affair with a hot Argentine news reporter and made that speech where he admitted to the dalliance. Who can forget the awkward conclusion of his press conference when he waited, hand in the air, for some guy to give him a high-five?
It wasn’t so much that Sanford had a girlfriend. This outsourcing-weary, unionized textile state was upset that its governor was sending even mistressing jobs overseas.
Just to show that S.C. is not sexist about extra-marital rumors, the GOP’s current gubernatorial frontrunner, Nikki Haley, has been accused of hanky-panky. Clearly, South Carolina politicians enjoy polling. They even have that “you lie” guy in Congress.
Having South Carolina as the current “pull my finger” state of political shame helps other states deflect attention away from their own foibles. Illinois is grateful.
There have been so many scandals involving politicians that you know we are in trouble when Jesse “The Body” Ventura and Dennis Kucinich are considered our most stable elected officials.
The nomination by his party of Manning, S.C.’s finest is embarrassing to Democrats, and they reacted as they have been conditioned to do: They blamed Republicans. This Manning-churian candidate, the Dems say, was funded by the GOP. As of this writing, no theories have emerged to explain why nearly 60 percent of his state’s Democrats voted for him.
As the third-highest ranking Democrat in Congress and the “go to” guy for screaming racism, Rep. Jim Clyburn, D-S.C., was well positioned to point the Obama finger on this one. As we all know, it would be unthinkable for the Democrats to run an unaccomplished young black candidate with scant credentials, shady funding, nefarious friends from a corrupt state and an almost nonexistent voting record for high office. If Alvin Greene is actually elected, can a Nobel Peace Prize be far behind?
Liberal lapdog Chris “Chill Up My Leg” Matthews opined that this “has the looks of a dirty trick, sort of a Watergate number.” For all you kids out there too young to remember, the Watergate scandal involved the Nixon White House clandestinely funding the campaign entry fee for a Forrest Gump-like, African-American man (although I do not think that term was used back then), with pending porn charges, to run for the Democratic nomination for the U.S. Senate.
Greene defeated Democratic Party-backed Vic Rawl, a former judge and state legislator. I would like to think we are seeing an anti-incumbent sentiment fueled by the tea party movement, but demographic examination of the Democratic voters in South Carolina points to another reason. It does not worry me that these idiot, wannabe politicians run for office. What should bother us all is that we elect them. Maybe we really do get the government we deserve.
Related (HotAirPundit): Alvin Greene Interview on CNN Says He’s Looking Forward To His Live One Hour Debate With Jim DeMint
Moscow ‘offers former Russian colonel and nuclear expert to U.S. in Cold War-style spy swap to bring Anna Chapman home’
Russia has offered a mass Cold War-style ‘spy swap’ deal to the U.S., it has been claimed.
The deal could see up to 11 convicted spies – allegedly including a Russian colonel – exchanged for ‘femme fatale’ Anna Chapman and her co-accused.
Chapman is being held with nine others in the U.S. on accusations of being part of a ‘deep cover’ spy ring in the U.S.
Dmitry Sutyagin said his brother Igor, a former Russian nuclear researcher jailed on charged of spying for the West, was told he will be part of the group.
The officials met Igor Sutyagin on Monday at a prison in Arkhangelsk, in northwestern Russia, and U.S. officials were at the meeting, his brother said.
Sutyagin said he was made to sign a confession, although he maintains his innocence and does not want to leave Russia, his brother said.
After the meeting, Sutyagin was transferred to Moscow’s Lefortovo prison.
He was arrested in 1999 and convicted in 2004 on charges of passing information on nuclear submarines and missile-warning systems to a British company that investigators claimed was a CIA cover.
Sutyagin’s lawyer said Moscow wanted the swap to take place tomorrow – and that her client would initially be sent to Britain.
According to his brother, Sutyagin said that the Russian officials had shown him a list of 11 people to be included in the swap.
The brother said Sutyagin only remembered one other person on the list – Sergei Skripal – a Russian army colonel who in 2006 was sentenced to 13 years on charges of spying for Britain.
The Russian Foreign Ministry and the Federal Penitentiary Service said they had no comment on the claim.
A spokesman for the U.S. Embassy was not immediately available for comment.
In Washington, FBI spokesman William Carter declined to comment…
NASA Administrator Charles Bolden said in a recent interview that his “foremost” mission as the head of America’s space exploration agency is to improve relations with the Muslim world.
Though international diplomacy would seem well outside NASA’s orbit, Bolden said in an interview with Al Jazeera that strengthening those ties was among the top tasks President Obama assigned him. He said better interaction with the Muslim world would ultimately advance space travel.
“When I became the NASA administrator — or before I became the NASA administrator — he charged me with three things. One was he wanted me to help re-inspire children to want to get into science and math, he wanted me to expand our international relationships, and third, and perhaps foremost, he wanted me to find a way to reach out to the Muslim world and engage much more with dominantly Muslim nations to help them feel good about their historic contribution to science … and math and engineering,” Bolden said in the interview.
The NASA administrator was in the Middle East last month marking the one-year anniversary since Obama delivered an address to Muslim nations in Cairo. Bolden spoke in June at the American University in Cairo — in his interview with Al Jazeera, he described space travel as an international collaboration of which Muslim nations must be a part.
“It is a matter of trying to reach out and get the best of all worlds, if you will, and there is much to be gained by drawing in the contributions that are possible from the Muslim (nations),” he said. He held up the International Space Station as a model, praising the contributions there from the Russians and the Chinese.
However, Bolden denied the suggestion that he was on a diplomatic mission — in a distinctly non-diplomatic role.
“Not at all. It’s not a diplomatic anything,” he said.
He said the United States is not going to travel beyond low-Earth orbit on its own and that no country is going to make it to Mars without international help.
Bolden has faced criticism this year for overseeing the cancellation of the agency’s Constellation program, which was building new rockets and spaceships capable of returning astronauts to the moon. Stressing the importance of international cooperation in future missions, Bolden told Al Jazeera that the moon, Mars and asteroids are still planned destinations for NASA.
Related (Michelle Malkin): NASA logo makeovers: New Arabic Sensitivity Administration
ABC News – Jake Tapper
As widely anticipated, Attorney General Eric Holder today filed a lawsuit against Arizona and Gov. Jan Brewer over the state’s immigration law. The suit seeks a preliminary injunction to stop the law from being implemented.
The court filing states that Arizona law is pre-empted by federal law and therefore violates the supremacy clause of the U.S. Constitution.
The filing makes no assertion that the law is discriminatory or risks being applied in a discriminatory fashion, as the president and other officials said they feared would be the case. Interestingly, this suit makes no civil rights charges against the Arizona law.
“The State of Arizona has crossed this constitutional line,” write Assistant Attorney General Tony West, United States Attorney Dennis K. Burke and others. “In acknowledged disagreement with the manner in which the federal government has regulated immigration and in contravention of these constitutional principles…The states are not permitted to set their own independent immigration policies, with varying and potentially conflicting enforcement systems and priorities. Were a number of states to act as Arizona has and strike out on their own, federal immigration policy and enforcement efforts would be crippled.”
The suit states that the Arizona law pursues only the goal of “attrition” while ignoring other objectives Congress has established for the federal immigration system.
You can read more about the lawsuit in THIS PIECE by Senior Justice Correspondent Pierre Thomas.
UPDATE: Senate Minority Leader Mitch McConnell, R-Kentucky, released a statement saying: “Suing the people of Arizona for attempting to do a job the federal government has utterly failed to execute will not help secure our borders. If the President wants to make real progress on this issue, he can do so by taking amnesty off the table and focus his efforts on border and interior security. It is long past time for this administration to prioritize solving a crisis over imposing an agenda and the first step is to recognize that attorneys and amnesty are not acceptable alternatives to border security and job creation.”
Gov. Brewer, meanwhile, is soliciting donations to help defend the state from the Justice Department lawsuit, tweeting: “We will be very aggressive in defending our law. Donate to help keep AZ safe.”
Related (LA Times): No state give on Obama illegal immigration suit; Arizona Gov. Jan Brewer fires back defiantly
Department of Public Health has guidelines for edible marijuana treats
NBC Bayarea – By JACKSON WEST
You know you’re a Californian when you have to ask if the brownies someone brought to a potluck are “special” or not.
But while the casual peddler of edible marijuana on sunny days in the City’s parks still faces arrest, the City’s Department of Public Health has rules for legitimate edible cannabis treats at medical marijuana dispensaries.
For instance, anything that requires refrigeration is right out unless the dispensary applies for an exemption, so you might want to rethink your plans for a soda fountain at your dispensary.
In fact, making anything look like candy which might attract children — such as candy bars wrapped in packaging meant to mimic popular brands — is also forbidden.
The packaging does, however, have to state the amount of marijuana in the food, and whether it contains any potential allergens such as nuts.
Only members of a dispensary are allowed to make the products, and if they intend to sell them at more than one location, they need to have a food handler’s permit.
If California voters pass Proposition 19, the Tax Cannabis Act that would effectively decriminalize the recreational use of the drug, you can expect similar regulations to apply to entrepreneurs looking to bake goods that will get you baked.
In fact, it’s probably only a matter of time before you’ll be able to get full nutritional information labeled-goods — so that you can count your calories both before and after the munchies kick in.
I would like to once again offer my sincerest apology to the University of Georgia people — the president and administration, athletic staff and coaches, fans and supporters, and especially the student-athletes. It had been my hope since taking the job in 2004 that I would have a long career at UGA.
But because of a serious mistake in judgment, that won’t be the case, and I understand that I have a long road to rebuilding my reputation and career.
I do want to thank all those who have supported me and the Athletic Association over the past six years and would encourage all those in our Association to remember that they are there for the student-athletes. Keep them first and foremost in everything you do.
God bless and ‘Go Dawgs.’
July 5, 2010
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